November 24, 2009 - Regular City Council Session

 

City Council, November 24, 2009

 

 

A regular session of the Pawtucket City Council is held Tuesday, November 24, 2009, at 5:46 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault, Wildenhain and Vitali.

 

Absent – Councilor Chadwick.

 

President Kinch presides.

 

The reading of the records of November 4, 2009 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:

 

3

A.    Communication from James Chellel, Jr., Chair, Pawtucket School Committee, to Henry S. Kinch, Jr., President, Pawtucket City Council (Educational Funding Formula)

 

 

591

B.     Communication from Henry S. Kinch, Jr., President, Pawtucket City Council, to Mayor James E. Doyle (Regarding Superintendent Search Committee)

 

 

613

D.    Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to the Members of the City Council (Appropriations for School Department)

 

 

590

E.     Communication from Mayor James E. Doyle to the Honorable Council Members (Support of Resolution for a Regional Transit-Oriented Investment)

 

 

590

F.      Communication from Mayor James E. Doyle to the Honorable Council Members (Pawtucket/Central Falls Commuter Rail Station – Next Phase)

 

 

061

G.    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 October 31, 2009)

 

 

7

H.    Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements)

 

 

028

I.       Resolutions from the Town of North Providence and the North Smithfield School Committee (Resolution Opposing Mandatory Binding Arbitration for Teachers)

 

 

611

J.       Communication from Jeannine S. Bourski, Deputy Finance Director, to Henry S. Kinch, Jr., President, Pawtucket City Council (Uniform Overtime FY10)

 

 

028

K.    Communication from Jean M. Fecteau, Glocester Town Clerk, to City and Town Clerks (Opposition to House Bill 5931 and Senate Bill 606 Regarding Rhode Island Housing Foreclosure Period)

 

 

590

L.     Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Rigas C. Papgolos Not Being Reappointed to the Juvenile Heard Board)

 

 

1

M.   Communication from Sergeant Roy Clary, Pawtucket Traffic Division, to Councilor Moran (Response – Monitoring of Maplecrest/Archer Streets)

 

 

1

N.    Communication from George L. Kelley, III, Chief of Police, to Richard J. Goldstein, City Clerk (Response – Kenyon Avenue Traffic Enforcement Study)

 

 

590 C.    Communication from Mayor James E. Doyle to Honorable Henry S. Kinch, Jr., President, Pawtucket City Council (Regarding Superintendent Search Committee) is READ AND ORDERED FILED.

 

COUNCIL PRESIDENT KINCH APPOINTS COUNCILOR BARROS TO SERVE ON THE SCHOOL SUPERINTENDENT SEARCH COMMITTEE.

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

With majority consent of the Council, Councilor Hodge introduces the following communication:

 

613   Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to James Chellel, Jr., Chairperson, Pawtucket School Committee, (response to the request that the Mayor and City Council support litigation regarding school funding).

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED on a unanimous voice vote:

 

Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to James Chellel, Jr., Chairperson, Pawtucket School Committee, (response to the request that the Mayor and City Council support litigation regarding school funding).

 

 

590   Communication from Mayor James E. Doyle to the Honorable Pawtucket City Council Members, requesting approval of the following appointees to the Pawtucket Charter Review Commission:

 

 

Carlos Spinola

Chris Butler

 

Jean Babiec

Kristen McGill

 

Miriam R. Plitt

Alan Tavares

 

Joel Tirrell

John Sawyer

 

Aime Brissette

Margaret Mary Hovarth

 

Lori McKittrick

 

 

is READ AND ORDERED FILED.

 

 

The following nominations submitted by His Honor, Mayor James E. Doyle, for confirmation are CONFIRMED on a roll call vote, as follows:

 

AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault, Wildenhain, and Vitali.

 

NOES – 0.

 

CHARTER REVIEW COMMISSION

 

 

Carlos Spinola

Chris Butler

 

Jean Babiec

Kristen McGill

 

Miriam R. Plitt

Alan Tavares

 

Joel Tirrell

John Sawyer

 

Aime Brissette

Margaret Mary Hovarth

 

Lori McKittrick

 

 

 

Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   Diane C. Dufresne, 60 Summit Street, Pawtucket, RI 02860, term expires the first Monday in December, 2012, is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle, for confirmation is CONFIRMED on a roll call vote, as follows:

 

AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault, Wildenhain, and Vitali.

 

NOES – 0.

 

JUVENILE HEARING BOARD

 

Diane C. Dufresne, 60 Summit Street, Pawtucket, RI 02860, term expires the first Monday in December, 2012

 

 

COUNCILOR CHADWICK ARRIVES AT 5:58 P.M.

 

 

Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   Patricia Martinez, 142 Oakland Avenue, Pawtucket, RI 02861, term expires the first Monday in December, 2012, is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle, for confirmation is CONFIRMED on a roll call vote, as follows:

 

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Wildenhain, and Vitali.

 

NOES – 0.

 

JUVENILE HEARING BOARD

 

Patricia Martinez, 142 Oakland Avenue, Pawtucket, RI 02861, term expires the first Monday in December, 2012

 

 

Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   Lammis J. Vargas, 37 Cato Avenue, Pawtucket, RI 02860, term expires the first Monday in December, 2012, is READ AND ORDERED FILED.

 

 

The following nomination submitted by His Honor, Mayor James E. Doyle, for confirmation is CONFIRMED on a roll call vote, as follows:

 

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Wildenhain, and Vitali.

 

NOES – 0.

 

JUVENILE HEARING BOARD

 

Lammis J. Vargas, 37 Cato Avenue, Pawtucket, RI 02860, term expires the first Monday in December, 2012

 

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

With majority consent of the Council, Councilor Vitali introduces the following communication:

 

617   Communication from Michael P. Lewis, Director, RI Department of Transportation, to Richard J. Goldstein, City Clerk.  (Road Repairs for Detour of Pawtucket River Bridge Project)

 

Upon motion made by Councilor Vitali, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.

 

Communication from Michael P. Lewis, Director, RI Department of Transportation, to Richard J. Goldstein, City Clerk.  (Road Repairs for Detour of Pawtucket River Bridge Project)

 

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

With majority consent Council, the following motion made by Councilor Vitali, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Michael P. Lewis, Director, RI Department of Transportation and John E. Carney, Director of Public Works, thanking them for their hard work and commitment working on the road repairs for the detour of the Pawtucket River Bridge Project.

 

 

Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   John Ward, 11 King Phillip Road, Pawtucket, RI 02861, term expires the first Monday in December, 2012, is READ AND ORDERED FILED.

 

 

The following nomination submitted by His Honor, Mayor James E. Doyle, for confirmation is CONFIRMED on a roll call vote, as follows:

 

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Wildenhain, and Vitali.

 

NOES – 0.

 

JUVENILE HEARING BOARD

 

John Ward, 11 King Phillip Road, Pawtucket, RI 02861, term expires the first Monday in December, 2012

 

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Wildenhain, and Vitali.

 

NOES – 0.

 

032   RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF MARIA DOSANJOS GUERRA

 

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

With majority consent of the Council, Councilor Chadwick introduces the following communication:

 

609   Communication from Mary C. Hanley, Manager – Right of Way, Verizon, to Richard J. Goldstein, City Clerk, requesting permission to place a new joint pole on Morris Avenue.

 

 

Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED AND IS APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING & CODE ENFORCEMENT:

 

Communication from Mary C. Hanley, Manager – Right of Way, Verizon, to Richard J. Goldstein, City Clerk, requesting permission to place a new joint pole on Morris Avenue.

 

 

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Wildenhain, and Vitali.

 

NOES – 0.

 

588   RESOLUTION OF THE CITY COUNCIL CONVEYING CITY PROPERTY LOCATED AT 58 COLEMAN STREET (ASSESSOR’S PLAT 45 LOT 288) TO ALDABERTO CARDOSO

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, Councilor Barry introduces the following communication:

 

Communication from Terrence S. Martiesian, Esq., representing 81 Park Place LLC, to the Honorable Members of the Pawtucket City Council, requesting a 60 day extension on the maturity date of their promissory note.

 

Upon motion made by Councilor Barry, seconded by Councilor Chadwick, the following communication is READ AND ORDERED FILED and REFERRED TO FINANCE COMMITTEE, on a unanimous voice vote:

 

Communication from Terrence S. Martiesian, Esq., representing 81 Park Place LLC, to the Honorable Members of the Pawtucket City Council, requesting a 60 day extension on the maturity date of their promissory note.

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, Councilor Barry introduces the following communication:

 

Communication from Michael D. Cassidy, Director of Planning & Redevelopment, to Council President Henry S. Kinch, Jr., requesting an easement for the RI Department of Transportation with the City of Pawtucket for the Construction of the Pawtucket Bridge 550 project.

 

Upon motion made by Councilor Barry, seconded by Councilor Chadwick, the following communication is READ AND ORDERED FILED and REFERRED TO CITY PROPERTY COMMITTEE, on a unanimous voice vote:

 

Communication from Michael D. Cassidy, Director of Planning & Redevelopment, to Council President Henry S. Kinch, Jr., requesting an easement for the RI Department of Transportation with the City of Pawtucket for the Construction of the Pawtucket Bridge 550 project.

 

 

THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 4, 2009, IS AGAIN TAKEN UP:

 

SECOND HAND SHOP LICENSE (Class A – Used Automobiles Only) – New -

 

John’s Motors Co. Inc., d/b/a John’s Motors Annex, 347 Broadway, Tax Assessor’s Plat 20, Lot 528, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used automobiles

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following license is DENIED on a unanimous voice vote:

 

SECOND HAND SHOP LICENSE (Class A – Used Automobiles Only) – New -

 

John’s Motors Co. Inc., d/b/a John’s Motors Annex, 347 Broadway, Tax Assessor’s Plat 20, Lot 528, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used automobiles

 

 

THE FOLLOWING LICENSES, WHICH WERE LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 4, 2009, ARE AGAIN TAKEN UP:

 

VICTUALLING HOUSE 1st Class Renewals –

 

10, 000 Hours Inc., d/b/a TK’s Tavern, 602 Smithfield Ave. LIC#5266

*Corina’s Pub Inc., 584 Smithfield Ave. LIC#3958

Howard-Rogers Holding Corporation Inc., 25 McCallum Ave. LIC#3463

 

*Denotes Stipulations Placed on Liquor License

 

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following license is LAID ON THE TABLE on a unanimous voice vote:

 

VICTUALLING HOUSE 1st Class Renewal –

 

10, 000 Hours Inc., d/b/a TK’s Tavern, 602 Smithfield Ave. LIC#5266

 

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following license is APPROVED WITH THE ADDITIONAL STIPULATION PLACED ON THE LIQUOR LICENSE, as follows:

 

VICTUALLING HOUSE 1st Class Renewal –

 

*Corina’s Pub Inc., 584 Smithfield Ave. LIC#3958

 

Police Detail Officer shall be required on each Saturday from 9:00 p.m. through 1:00 a.m.

(This stipulation will last for six months beginning on November 28, 2009.)

 

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following license is APPROVED WITH STIPULATIONS PLACED ON THE LIQUOR LICENSE, as follows:

 

VICTUALLING HOUSE 1st Class Renewal –

 

Howard-Rogers Holding Corporation Inc., 25 McCallum Ave. LIC#3463

 

1.   Police Detail Officer shall be required at all events.

2.   Door leading to the parking lot shall remain closed at all times when there is entertainment.

3.   The parking lot shall be kept clean.

4.   There shall be someone stationed in the parking lot to prevent loitering in the lot and in the surrounding area.

 

 

Communication from Antonio Albuquerque, President of Nicali Auto Outlet, Inc., 1 Dunnell Lane, to Pawtucket City Council. (Requesting name change from Nicali Auto Outlet Inc., to Antonio Albuquerque d/b/a Nicali Auto Outlet) is READ AND ORDERED FILE AND THE REQUEST IS APPROVED ON A UNANIMOUS VOICE VOTE.

 

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

With majority consent of the Council, Councilor Moran introduces the following communication:

 

613   Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to the Pawtucket City Council.   (School Committee Caruolo Action)

 

Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:

 

Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to the Pawtucket City Council.   (School Committee Caruolo Action)

 

 

*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 3, 2009 from 5:00 pm to 9:00 pm; Fridays December 4 and 11, 2009 from 12pm to 8pm; Saturdays December 5, and 12, 2009 from 10:00 am to 8:00 pm and Sundays December 6 and 13, 2009 from 10:00 am to 6:00 pm  LIC#5442

 

PEDDLER – New

 

Hewtins Limited d/b/a Hewtins Dog Mobile, 960 Hope Street, Providence, RI LIC#5421

TO PEDDLE: Food

DRIVER: Gennuso, Matthew, 1 Armistice Blvd. Pawtucket, RI

LOCATION: All of Pawtucket

 

PUBLIC LAUNDRY – New

 

Lucky Laundry, Inc., d/b/a Lucky Laundry, 506 York Avenue, LIC#5422

 

 

VICTUALLING HOUSE  New

 

Andella’s Boulevard Meats LLC d/b/a Andella’s Boulevard Meats, 627 Armistice Blvd. LIC#5438

 

 

VICTUALLING HOUSE – transfer

 

Spring House Restaurant Inc., d/b/a Spring House Restaurant (transfer from Ling Jiang d/b/a Spring House Restaurant) 178 Mineral Spring Ave. LIC#5434

 

 

SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise) - Renewal

 

Renchan, Luke d/b/a Luke’s Record Exchange, 393 Broadway LIC#2534

 

 

VICTUALLING HOUSE LICENSES  First Class - Renewals

 

Archie's Pizza Restaurant Inc., d/b/a Archie's Pizza Restaurant, 1479 Newport Ave. LIC#3379

Ayala Enterprises LLC d/b/a Bill’s Pizza, 605 Smithfield Ave. LIC#4783

Dernikos, Connie d/b/a Connie's Restaurant, 526 Pawtucket Ave. LIC#3434

Delosa Investments, LLC d/b/a Classic Café, 542 Pawtucket Ave. LIC#4734

Desano Refreshments Inc., d/b/a Pawtucket Del’s, 446 Central Ave. LIC#3885

Iqbal, Azhar d/b/a A & I Convenience Store, 191 Pawtucket Ave. LIC#5016

J & B Donuts Inc., d/b/a Ronzio Pizza, 727 East Ave. LIC#3993

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

Lin, Wan Yun d/b/a Golden Li Lai, 904 Main St. LIC#3866

One Stop Deli Market Inc., d/b/a One Stop Deli, 454 Pawtucket Ave. LIC#4725

Ospina, Omar d/b/a Herbal Nutrition Center, 142 Broad St. LIC#4692

Patricio, Ernest d/b/a Subway, 614 Pawtucket Ave. LIC#3932

Pawtucket City of and Slater Mill d/b/a Slater Mill Visitors Center Gift Shop, 175 Main St. LIC#3965

Project Pride Inc., d/b/a Daggett Delights, 325 Newport Ave., Unit #1, LIC#4746

Project Pride Inc., d/b/a Daggett Delights, 325 Newport Ave., Unit #2, LIC#4751

Project Pride Inc., d/b/a Daggett Delights, 325 Newport Ave., Unit #3, LIC#4753

Sodexo Operations LLC, 1027 Newport Ave. LIC#3962

Stop & Shop Supermarket Company LLC., d/b/a Super Stop & Shop, 380 Cottage St. LIC#4720

 

 

VICTUALLING HOUSE Second Class - Renewal

 

A.E.E. Inc., d/b/a Local Hero, 4 Power Rd. LIC#3694

Packaging Graphics Corporation, 60 Delta Drive, LIC#3854

 

 

TAVERN Second Class - Renewal

 

Silveira, Jose d/b/a The Armistice House, 422 Armistice Blvd. LIC#4095

 

 

THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS, ON A UNANIMOUS VOICE VOTE:

 

Joao Boaventura - $1,784.04-$2,351.39

Mary Cabral - $690.29

Jason Furtado by Commerce Insurance Company - $631.41

Justin Jamro by Joseph Martinous, Esq. – No Amount Specified

Karin Kosterlitz – Pending Estimates

Jozefa Lozinski - $815.14

Arthur Menezes - $1,960.44-$3,067.14

Matthew Parent - $71.75-$140.95

Reynaldo Rivera by Edward Manning, Esq. - $1,672.63

Donald Sabourin by Brenda L. Ferry, Esq. – No Amount Specified

Roger St. Pierre - $233.80-$256.98

Denise Thurber - $140.00

Lisa Williams by Brenda L. Ferry, Esq. – No Amount Specified

 

 

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 7:25 p.m.

November 24, 2009 - Regular City Council Session
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