City Council, July 11, 2012
A regular session of the Pawtucket City Council is held Wednesday, July 11, 2012, at 7:23 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 COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” TEXT AND OFFICIAL MAPS – RIVERFRONT COMMONS DISTRICT (33-44-100 Main Street, and 10 School Street - Apex)
AN ORDINANCE IN AMENDMENT OF THE CITY OF PAWTUCKET 2011 COMPREHENSIVE PLAN – FUTURE LAND USE (33-44-100 Main Street, and 10 School Street - Apex)
THE COUNCIL RECONVENES AT 7:58 P.M.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the following communication is READ AND ORDERED FILED:
Communication from Barney S. Heath, Interim Director, Planning & Redevelopment to the Honorable Members of the Pawtucket City Council. (Planning Commission Recommendation for Riverfront Commons District – Apex)
The reading of the records of June 20, 2012 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, 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 June 17-23, 24-30, 2012, July 1-7, 2012) |
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| | B. Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council. (Statement of Estimated, Realized, and Unrealized Revenues, for the fiscal period July 1, 2011 through May 31, 2012) |
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| | C. Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Michael P. Davolio, AICP, Director, Planning & Redevelopment - Departed City Service on July 1, 2012) |
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| | D. Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Resignation of Martha Holt from the Board of Appeals) |
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| ** | E. Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Division Street Development) |
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| | F. Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Fire Department Study) Copy on file in the City Clerk’s Office |
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| | I. Communication from Claire Laird, Personnel Aide, to the Honorable Members of the Pawtucket City Council. (Amendment to Pay Plan – Police Chief Accountant) |
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| | J. AN ORDINANCE IN AMENDMENT OF CHAPTER 2997 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 1012 (POLICE CHIEF ACCOUNTANT) IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
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| | TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN. |
| | G. Communication from John W. Hanley, Interim Director of Zoning and Code Enforcement, to the Members of the City Council. (Response - Smoke Stack at Key Container) is READ AND ORDERED FILED. |
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 John W. Hanley, Acting Director of Zoning and Code Enforcement, requesting that he provide the Council with a list of State and Federal agencies that have the jurisdiction to inspect the smoke stack at Key Container Corporation and the authority to site them for violations of laws and/or regulations due to the ongoing soot and odor problems coming from the stack.
| | H. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Pawtucket City Council. (Response – Camac Street Parking Review) 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 Councilors Barros and Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to refer the above letter from Michael Burns, Traffic Engineering Supervisor, regarding parking on Camac Street, to the Ordinance Committee for their review and consideration. Councilor O’Neill requested that the committee hold off on consideration of this matter until he has an opportunity to discuss it with the residents on the street.
THE FOLLOWING PETITION FOR LICENSE, WHICH WAS LAID ON THE TABLE AT THE JUNE 20, 2012 MEETING AND WAS SCHEDULED FOR AN INFORMAL HEARING AT THIS TIME, IS TAKEN UP:
Public Laundry – Renewal
Angelica Textile Services Inc., 482 Pawtucket Ave. LIC#3057
Speaking on behalf of the applicant is Richard Beretta, Esq., 1 Citizens Plaza, Providence, RI.
Mr. Beretta states that this is a commercial laundry that has operated for over 50 years. This business employs 139 people.
To alleviate complaints by the neighbors, Mr. Beretta states that Angelica will no longer park vehicles on the streets; they will all park in the lot. They will make sure the weeds and other growth are eliminated. They will also rectify the problem with latex gloves flying out of the trash.
Mr. Beretta states that the back-up alarms on the trucks are for safety reasons. OSHA requires them. He states that they have brought in ADT to upgrade the burglar alarm to eliminate false alarms.
Major Moreau states that there have been no problems for several years. The police have responded to ten alarms in the last month and a half.
Mr. Beretta states that they will try to limit back-up alarms late at night by pre-loading trucks so they call pull out going forward late at night. Also, they will ask drivers not to leave trucks running for long periods while waiting to be loaded. There are five trucks that come and go between 1:00 a.m. until 5:00 a.m.
The next speaker is Veronica Castaneda, 81 Trenton Street, Pawtucket, RI.
Ms. Castaneda states that she has lived there 22 years. There has been an increased problem with huge tractor trailers parked in the lot for months, which brings in animals. They have been bats and rats around since the trailers started parking there. They need more consideration from the drivers who dump trash and blast radios at 5:00 a.m.
The next speaker is Dionne Hyman, 159 Dartmouth Street, Pawtucket, RI.
Ms. Hyman states that she lives adjacent to building and next to the lot. There is noise from the revving trucks and tractor trailers. The trucks obstruct the streets. There is trash all over the place. There is no property maintenance. Weeds and poison ivy are growing all over.
The next speaker is Michael Black, 77 Trenton Street, Pawtucket, RI.
Mr. Black states there is a problem with the beeping of trucks throughout the day, 7 days per week. There were over 300 disturbances last month. Angelica should find an alternate location. He wants the City Council to get them to relocate.
The next speaker is Julie McGaughey, 77 Trenton Street, Pawtucket, RI.
Ms. McGaughey agrees with Mr. Black. This business is too industrial for the area that they are in. They should put kill switches on the back-up alarms for late at night.
The next speaker is Marion Pappas, 75 Trenton Street, Pawtucket, RI.
Ms. Pappas states that the noise goes on day and night and it is very disturbing.
Mr. Beretts states that using kill switches is not safe. People forget to turn them off. They will have a landscaping company there this week and they will have them come on a regular basis. They will check on securing the trailers. They can’t stop the truck traffic late at night because of the needs of the hospitals that they serve.
There are no other speakers. The Informal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Barry, this license is LAID ON THE TABLE, on a voice vote.
Councilor Hodge votes no.
THE FOLLOWING LICENSE, WHICH WAS SCHEDULED FOR A FORMAL HEARING AT THIS TIME, IS TAKEN UP:
Auto Repair Shop & Second Hand Shop (Class A & B – Selling Used Automobiles & Parts)
Americar Sales & Collision Center Inc., 626 Main St. LIC#2489 #2490
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Mr. Milos states that some charges have been filed. The investigation still continues.
Mr. Milos explains that the RI Department of Business Regulations has revoked the Auto Body License and the RI Dealers Commission has revoked the RI Dealers License.
Mr. Milos recommends placing a stipulation on the license to prevent auto sales.
Speaking on behalf of the license holder is Domenic Coccia, Sr., 10 DiFilippo Court, North Providence, RI.
Mr. Coccia states that he started working at the Main Street and Quincy Avenue location 47 years ago. He is unaware of the problems of his son. He promises to run the business as it was done for the last 47 years.
There are no other speakers. The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Barros, the Council takes no action on this license.
Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council submitting the following appointment to the Zoning Board of Appeals for confirmation:
BOARD OF APPEALS
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.
BOARD OF APPEALS
Margaret-Mary Belliveau Hovarth, 74 Varnum Avenue, Pawtucket, RI 02860. Term to commence on July 30, 2012 and expire the first Monday in January, 2015. (To fill the unexpired term of Martha Holt
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Barry and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank J. Milos, Jr., Esq., City Solicitor, asking that he meet with the Ordinance Committee to discuss regulating the use of fireworks, including legal fireworks, in Pawtucket.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING AGREEMENT IS RATIFIED 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 FINANCE COMMITTEE, THE FOLLOWING AGREEMENT IS RATIFIED 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, Tetreault, Vitali and Wildenhain.
NOES – Councilor O’Neill.
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.
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.
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.
THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” TEXT AND OFFICIAL MAPS – RIVERFRONT COMMONS DISTRICT (33-44-100 Main Street, and 10 School Street - Apex)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following amendment to the ordinance entitled “AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” TEXT AND OFFICIAL MAPS – RIVERFRONT COMMONS DISTRICT (33-44-100 Main Street, and 10 School Street - Apex)”:
Add the following:
“Electronic Messaging Centers shall be prohibited in the RDC Zone”
Upon motion made by Councilor Barry, seconded by Councilor Chadwick, the following amendment is DEFEATED on a roll call vote, as follows:
AYES –Councilors Barry, Chadwick, and Wildenhain.
NOES – President Moran, Councilors Barros, Hodge, O’Neill, Tetreault, and Vitali.
Add the following:
“Electronic Messaging Centers shall be prohibited in the RDC Zone”
THE FOLLOWING ORDINANCE, RETURNED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION, 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” TEXT AND OFFICIAL MAPS – RIVERFRONT COMMONS DISTRICT (33-44-100 Main Street, and 10 School Street - Apex)
THE FOLLOWING ORDINANCE, RETURNED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION, 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 THE CITY OF PAWTUCKET 2011 COMPREHENSIVE PLAN – FUTURE LAND USE (33-44-100 Main Street, and 10 School Street - Apex)
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE JUNE 6 & 20, 2012, MEETINGS AND IS APPROVED ON A UNANIMOUS VOICE VOTE:
POOL TABLE New –
Duffin’s Pub, 215 Division Street, (1) Weekdays & Sundays LIC#8213
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE JUNE 6 & 20, 2012, MEETINGS AND IS AGAIN TAKEN UP:
SECOND HAND SHOP LICENSES (Class C – Used Miscellaneous Merchandise) - New
Pro Management LLC d/b/a Pro Services Appliances, 21 Division Street, Tax Assessors Plat 23, Lot 194 and 565, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used appliances, LIC#8223
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Barros, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS:
SECOND HAND SHOP LICENSES (Class C – Used Miscellaneous Merchandise) - New
Pro Management LLC d/b/a Pro Services Appliances, 21 Division Street, Tax Assessors Plat 23, Lot 194 and 565, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used appliances, LIC#8223
THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE JUNE 20, 2012 MEETING AND IS AGAIN LAID ON THE TABLE, ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE First Class – New
David M. Bodganski d/b/a My Daddy’s Pizza and Grille, 596 Pawtucket Ave. LIC#8253
*THE FOLLOWING 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 17, and Saturday, August 18, 2012, from 4:00 p.m. to 11:00 p.m.; and Sunday, August 19, 2012, from 4:00 p.m. to 9:00 p.m.
Petition of Delaney-St. Teresa Knights of Columbus #57 to conduct a block party in the parking lot of St. Teresa’s Church on Saturday, July 21, 2012 from 6:00 p.m. until 10:00 p.m., LIC#8271
Petition of Shri Service Corp, to conduct a fundraiser at Slater Mill on Saturday, August 25, 2012 from 7:00 pm to 11 p.m. LIC#8277
Petition of the Church of the Assumption, 97 Walcott Street, to contact an Annual Church Festival on Friday, August 17, 2012 from 5:00 p.m. until 10:00 p.m.; Saturday, August 18, 2012 from 12:00 p.m. until 11:00 p.m. and on Sunday, August 19, 2012 from 12:00 p.m. until 9:00 p.m., LIC#8297
PINBALL & AMUSEMENT DEVICES All Renewals -
Carousel Sports Lounge Inc. 507 Armistice Blvd. (1) LIC#4968
Celtic Pub Inc. d/b/a Celtic Pub, 755 Broadway & 5 Columbine Ave. (2) LIC#4576
*George Thurber d/b/a George’s Games & Music, 101 Main St. (38) LIC#4617
1. Employees of George’s Games & Music shall patrol the area at closing and after all private parties to insure that the vicinity is cleared.
2. Curfew Ordinance shall be strictly adhered to – Children under 16 years of age must leave the premises no later than 9:30 p.m.
GAME ROOM Renewal -
*Thurber George d/b/a George’s Games & Music, 101 Main St. LIC#4623
1. Employees of George’s Games & Music shall patrol the area at closing and after all private parties to insure that the vicinity is cleared.
2. Curfew Ordinance shall be strictly adhered to – Children under 16 years of age must leave the premises no later than 9:30 p.m.
PRIVATE DETECTIVE Renewal –
Roy, Lincoln D d/b/a LR & Associates, 700 Beverage Hill Avenue, LIC#4672
PUBLIC LAUNDRY Renewal –
Extreme Clean Laundry, Inc., 333 Armistice Blvd, LIC#3073
Sanabria LLC d/b/a Swan Cleaners, 371 Benefit St. LIC#4960
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PRIVATE DETECTIVE Renewal -
Roy, Lincoln - Surety – Washington International Insurance Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Laurie Beck – No Amount Specified
Anthony Croce, by American Commerce Insurance Co. - $4,285.52
Marisol Polanco - $1,847.80
Ramiro Ricaurte - $23,705.70
Robert Zampini, by Jennifer Sylvia, Esq. – No Amount Specified
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 – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Jenny Susi - $133.37
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 – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Amicle Oriol by Michael Rudman, P.C. - $995.00
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 – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Corey Blyther, Jr. by David Bagus, Esq. – $1,327.19 (Property Damage) -
Injury Claim Referred to the Legal Department
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 – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Jacqueline Farrington - $2,128.53
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE PAWTUCKET WATER SUPPLY BOARD, ON A UNANIMOUS VOICE VOTE:
Ana Debarros by Providence Mutual Insurance – No Amount Specified
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE PAWTUCKET SCHOOL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Katheryn Seguar (minor child of Paula Arroyo) by Christopher Fay, Esq. – 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:
Joanne Gibbs by Michael Rudman, P.C. – $3,888.00
Natasha Oriol by Michael Rudman, P.C. - $4,500.00
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by the Entire City Council, the Council wishes a Happy Birthday to Kailey Lynn Wildenhain.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the meeting is adjourned at 9:42 p.m. in memory of Eugene Ferland and George Bishop.