City Council, June 6, 2012
A regular session of the Pawtucket City Council is held Wednesday, June 6, 2012, at 7:00 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present - Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.
Absent – President Moran; Councilor O’Neill.
President Pro-Tempore Hodge presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
ORDINANCE IN AMENDMENT OF CHAPTER 410 OF REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE) TEXT AND OFFICIAL ZONING MAPS (Commercial Mixed Use Overlay District)
THE COUNCIL RECONVENES AT 7:08 P.M.
The reading of the records of May 23, 2012 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Vitali, 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 May 20-26, 2012 and May 27-June 2, 2012) |
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| | B. Communication from RI Clean Water Finance Agency (Various forms and Statements) |
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| | C. 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 April 30, 2012) |
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| | D. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien. (Uniform Overtime FY12) |
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| | F. Communication from Frank Digregorio, Common Cause RI, to Richard J. Goldstein, City Clerk. (Support for S-2639 and H-7603 Regarding the Ethics Commission) |
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| | G. Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Kendall P. Kellaway, Sr., President and CEO, Kellaway Realty Corp. (Expiration of Lease Agreement – 24 Commerce Street) |
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| | H. Communication from Michael P. Davolio, AICP, Director, Planning & Redevelopment, to Council President David P. Moran. (Cooperative Agreement between the City of Pawtucket and RIDEM to provide a grant of $400,000 for the construction of a new boat ramp) IS REFERRED TO THE CITY PROPERTY COMMITTEE. |
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| | I. An Ordinance in Amendment of Chapter 2968 of the Ordinances of the City of Pawtucket (Setting Compensation for Boards and Commissions in the City of Pawtucket in Fiscal Year 2013) IS SUBMITTED BY THE FINANCE COMMITTEE AND LAID ON THE TABLE. |
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| | J. An Ordinance in Amendment of Chapter 410 of the Code of Ordinances of the City of Pawtucket, 1996, entitled “Zoning” Text and Official Maps – Mill Building Reuse District (413 Central Avenue) IS SUBMITTED BY THE ORDINANCE COMMITTEE AND LAID ON THE TABLE AND SET A PUBLIC HEARING FOR JUNE 20, 2012. |
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| | K. An Ordinance in Amendment of Chapter 2958 of the Ordinances of the City of Pawtucket, Rhode Island, Amending the 2011 Comprehensive Plan. (Growth Center) IS SUBMITTED BY THE ORDINANCE COMMITTEE AND LAID ON THE TABLE AND A PUBLIC HEARING IS SET JUNE 20, 2012. |
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| | L. An Ordinance in Amendment of Chapter 286 of the Code of Ordinances of the City of Pawtucket, 1996, Entitled “Noise” (Motor Vehicle Noise Abatement) IS SUBMITTED BY THE ORDINANCE COMMITTEE AND LAID ON THE TABLE. |
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| | M. An Ordinance in Amendment of Chapter 410 of Code of Ordinances of the City of Pawtucket, 1996, Entitled “Zoning” Text and Official Zoning Maps (Commercial Mixed Use Overlay District) IS SUBMITTED BY THE ORDINANCE COMMITTEE AND LAID ON THE TABLE. |
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| | E. Communication from Robert W. Burns, Acting Tax Assessor, to Councilor Christopher O’Neill. (Reval of Billboards along Route 95) is READ AND ORDERED FILED. |
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 Barros, the following communication is READ AND ORDERED FILED:
Communication from Christopher O’Neill, Councilman, District 3, to Robert Burns, Acting Tax Assessor. (Billboards along Route 95)
Petition for a Second Hand Shop License (Class C – Used Miscellaneous Merchandise) by Pro Management LLC d/b/a Pro Services Appliances, 21 Division Street, Tax Assessors Plat 23, Lots 194 and 565, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used appliances, LIC#8223, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Dawit Negash, 45 Algonquin Street, Providence, RI, applicant.
Mr. Negash states that he has decided not to move forward with the request for auto repair shop and Class B second hand auto parts licenses and will only be selling new and used appliances. He feels that this will be a good business for Pawtucket. Pro Management has been doing business for 12 years at other locations.
There are no other speakers. The Public Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following petition for license is LAID ON THE TABLE on a unanimous voice vote:
Petition for a Second Hand Shop License (Class C – Used Miscellaneous Merchandise) by 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, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class B - used auto parts) by Pro Management LLC d/b/a Pro Service, 21 Division Street, Tax Assessors Plat 23, Lot 194 and 565, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used auto parts for said repair LIC#7924 & #7925
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following petition for license is WITHDRAWN AT THE REQUEST OF THE APPLICANT:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class B - used auto parts) by Pro Management LLC d/b/a Pro Service, 21 Division Street, Tax Assessors Plat 23, Lot 194 and 565, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used auto parts for said repair LIC#7924 & #792
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE MOTION TO DENY THE FOLLOWING ORDINANCE IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Tetreault, Vitali and Wildenhain.
NOES – 0.
THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETINGS HELD APRIL 11 & 25, MAY 9 & 23, 2012 AND ARE AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) (Renewals)
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
THE CHAIR RECOGNIZES COUNCILOR BARROS.
With majority consent of the Council, Councilor Barros introduces the following communication:
Upon motion made by Councilor Barros, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Communication from Christopher O’Neill, Councilman, District 3, to Chief William Sisson, Pawtucket Fire Department. (Thank You Regarding Tanker Spill)
THE FOLLOWING PETITION FOR LICENSE IS REMOVED FROM THE CONSENT AGENDA, AND IS TAKEN UP:
HOLIDAY New –
Keystone Novelties Distributors, LLC d/b/a Keystone Novelties, 1242 Newport Ave. LIC#8230
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Chadwick, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS on a roll call vote, as follows:
AYES – President Pro-Tempore Hodge, Councilors Barros, Chadwick, Tetreault, Vitali and Wildenhain.
NOES – Councilor Barry.
HOLIDAY New –
New England Novelty d/b/a Keystone Novelties Distributors, 1242 Newport Ave. LIC#8230
STIPULATIONS:
1. No outside sales.
2. One banner on the outside of the building only.
THE FOLLOWING PETITION FOR LICENSE IS REMOVED FROM THE CONSENT AGENDA, AND IS TAKEN UP:
POOL TABLE New –
Duffin’s Pub, 215 Division Street, (1) Weekdays & Sundays LIC#8213
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Chadwick, the following license is LAID ON THE TABLE on a unanimous voice vote:
POOL TABLE New –
Duffin’s Pub, 215 Division Street, (1) Weekdays & Sundays LIC#8213
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) Renewal -
*E-Z Auto Sales, Inc., d/b/a E-Z Auto Sales, 163 Mineral Spring Ave. LIC#2224 #2225
1. No auto body work or painting.
Scottie’s Auto Sales Inc., d/b/a Scottie’s Auto Sales, 262 Central Ave. LIC#2469 #2470
ENTERTAINMENT –
Petition of Associated Radio Amateurs of S.N.E. Inc., for a license to conduct an amateur radio field day from Saturday June 23, 2012 at 9:00 a.m. until Sunday, June 24, 2012 at 4:00 p.m. LIC#8227
Petition of Cretcheu Corp to conduct a St. John the Baptist Festival in the parking lot at 593 Weeden Street, on Saturday, July 14, 2012, from 12:00 p.m. until 8:30 p.m., LIC#8211
Petition of Irish Social Club of RI, for a license to conduct a musical duet, at 89 Pawtucket Avenue, on Saturday, June 16, 2012, from 7:30 p.m. to 11:00 p.m. LIC#8221
Petition of MVP Sports Pub and Restaurant LTD, 233 Newport Avenue, for license to have fundraiser for Councilor Albert Vitali on Tuesday, June 12, 2012 from 5:30 p.m. until 9:00 p.m. LIC#8212
619 Councilor Vitali abstains based on his statement that this is for his own fundraiser. (REPORT FILED)
Petition of Pentecostal Church for a license to conduct an event with preaching and live music, in the parking lot at 300 Barton Street, C-Town Supermarket, on Friday, June 15 and Saturday, June 16, 2012 from 6:30 p.m. to 9:30 p.m. LIC#8222
INTELLIGENCE OFFICE Renewal –
Ser-Jobs For Progress, Inc., d/b/a Ser-Jobs For Progress, 100 East Ave. LIC#4691
PAWN BROKER Renewal –
*Costello, Rickey L., d/b/a Broadway Loan & Jewelry, 720 Broadway, LIC#2005
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.
PINBALL & AMUSEMENT DEVICES Renewals -
Albuquerque, Jose d/b/a Boulevard Banquet Hall, 510 Armistice Blvd. (2) LIC#8048
Cpt Elwood J Euart VFW Post 602, 55 Overland Ave. (2) LIC#5199
Elias Dernikos d/b/a City Line Pizza & Restaurant, 594 Pawtucket Ave. (1) LIC#4578
Duffin's Pub Inc., 215 Division St. (2) LIC#4579
Four Corners Building Association of Post No. 2339 Veterans of Foreign Wars of the United States Incorporated, 178 Columbus Ave. (1) LIC#4613
G & J Bar & Grille Inc. d/b/a Vet’s Bar, 623 Central Ave. (2) LIC#4607
Greek Island Inc. d/b/a George's Neighborhood Grill & Bar, 109 Newport Ave. (1) LIC#4973
Lafayette Social Club Inc., 71 Benefit St. (1) LIC#4585
Pawtucket Avenue Greek Social Club, 33 Pawtucket Ave. (1) LIC#5162
S & L Inc. d/b/a Cafe Ordway, 3 Ordway St. (1) LIC#4595
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PAWN BROKER Renewal –
Rickey L. Costello d/b/a Broadway Loan & Jewelry, Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Joanne Gibbs, by Michael Rudman, Esq. - $3,888.00
Amicle Oriol, by Michael Rudman, Esq. - $995.00
Natasha Oriol, by Michael Rudman, Esq. - $4,500.00
Katheryn Segura for minor child Paula Arroyo, by Christopher Fay, 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 Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Tetreault, Vitali and Wildenhain.
NOES - 0.
Nicholas D’Amico Jr. – $625.00
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 Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Tetreault, Vitali and Wildenhain.
NOES - 0.
Mary Glaude - $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 – President Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Tetreault, Vitali and Wildenhain.
NOES - 0.
Kevin Ridolfi - $133.55
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 Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Tetreault, Vitali and Wildenhain.
NOES - 0.
Theresa Marinelli by Rob Levine & Associates – $3,439 for property damage, upon the recommendation of RI Interlocal Trust.
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 Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Tetreault, Vitali and Wildenhain.
NOES - 0.
Wallace Martin – $210.00
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 – President Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Tetreault, Vitali and Wildenhain.
NOES - 0.
Donald Sabourin by Craig Johns, Esq. - $90,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
David Tomlinson – No Amount Specified
THE CHAIR RECOGNIZES COUNCILOR BARROS.
With majority consent of the Council, the following motion made by Councilor Barros, seconded by Councilor Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to all Class A liquor license holders informing them of the new law that was passed regarding the hours of operation on the Sunday before a holiday.
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
With majority consent of the Council, the following motion made by Councilor Tetreault, seconded by the entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to prepare citations for the following seven new members of the Pawtucket Teen Hall of Fame who were recently inducted:
THE CHAIR RECOGNIZES COUNCILOR TETREAULT:
With majority consent of the Council, the following motion made by Councilor Tetreault, seconded by the entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to prepare a resolution congratulating Kelsey Fournier for winning the Miss RI Competition and wish her good luck in the Miss America Competition.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the meeting is adjourned at 7:40 p.m.