July 10, 2002 - Regular City Council Session

 

City Council, July 10, 2002

 

A regular session of the Pawtucket City Council is held Wednesday, July 10, 2002, at eight two o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran and Wildenhain.

 

Absent – Councilor Hoyas.

 

President Barry presides.

 

The reading of the records of June 16, 2002, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

Upon motion made by Councilor Bray, seconded by Councilor Hodge, the *Consent Agenda is APPROVED, on a unanimous voice vote.

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

028      A.  Communication from Attorney General, Sheldon Whitehouse, to President John J. Barry, III, (2002 Open Government Summit)

 

028      B.  Communication from Roy F. Weston, Inc., to Janice M. LaPorte, CMC, City Clerk, (Notification of Intent to Conduct Field Activities, Providence Metallizing, Pawtucket, RI)

 

028      C.  Communication from Charles A. Horbert, Permitting Supervisor, Freshwater Wetlands Program, Office of Water Resources, to the Honorable City Council, (Notice to alter freshwater wetlands by Pawtucket Credit Union, 1110 Central Avenue)

 

7          D.  Communication from Cynthia G. Wilson, Senior Legal Counsel, Public Utilities Commission, to Ms. Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board. (Status of New Water Treatment Facility) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

The Clerk is instructed to send a communication to Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, regarding the communication from Cynthia G. Wilson, Senior Legal Counsel, Public Utilities Commission, dated June 20, 2002.

 

The Council is requesting a copy of the response to Ms. Wilson’s communication.

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

Communication from Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council (Property Disposition Agreement between the City of Pawtucket and the Manhattan Hotel Development-Request for Extension)

 

Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED AND IS REFERRED TO THE FINANCE COMMITTEE:

 

Communication from Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council (Property Disposition Agreement between the City of Pawtucket and the Manhattan Hotel Development-Request for Extension)

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

Communication from John C. Lynch, Managing Member, Manhattan Hotel Development, LLC., to The Honorable Mayor James E. Doyle (Pawtucket Hotel Development-Request for Extension)

 

Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED AND IS REFERRED TO THE FINANCE COMMITTEE:

 

Communication from John C. Lynch, Managing Member, Manhattan Hotel Development, LLC., to The Honorable Mayor James E. Doyle (Pawtucket Hotel Development-Request for Extension)

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

Communication from Thomas E. Dwyer, President and Executive Director of the Rhode Island Interlocal Risk Management Trust, to Paul J. Wildenhain, City Council (Response to letter received from Delta Dental of Rhode Island)

 

Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED AND IS REFERRED TO THE FINANCE COMMITTEE:

 

Communication from Thomas E. Dwyer, President and Executive Director of the Rhode Island Interlocal Risk Management Trust, to Paul J. Wildenhain, City Council (Response to letter received from Delta Dental of Rhode Island)

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting that radar patrol be instituted between the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on Pinecrest Drive between Diana Drive and Cove Street.

 

Communication from Eddy Carvalho, to President John J. Barry, III, and the Honorable Members of the City Council, requesting permission to tie into city’s sewer system for property located on Eldridge Street, is READ AND ORDERED FILED AND IS REFERRED TO THE PUBLIC WORKS COMMITTEE, THE PLANNING COMMISSION, THE DIRECTOR OF PUBLIC WORKS, THE ENGINEERING DEPARTMENT, AND THE DIVISION OF SEWERS AND SANITATION.

 

Communication from Michael F. Horan, Attorney At Law, to President John J. Barry, III,  (Abatement of taxes for Lanmar Corporation) is READ AND ORDERED FILED AND IS REFERRED TO THE FINANCE COMMITTEE.

 

THE FOLLOWING RESOLUTION SUBMITTED BY THE FINANCE COMMITTEE FOR APPROVAL IS TAKEN UP:

 

RESOLUTION OF THE PAWTUCKET CITY COUNCIL REGARDING THE TAXES AT 210 WEST AVENUE. (Woodlawn Community Development Corporation)

 

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

 

With majority consent of the Council, Councilor Grebien introduces the following amendment:

 

Change the following:

 

THE TERM OF THIS LEASE IS FROM SEPTEMBER 1, 2000 THROUGH AUGUST 31, 2005.

 

Upon motion made by Councilor Grebien, seconded by Councilor Bray, the following amendment is APPROVED on a roll call vote as follows:

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.

 

NOES - 0.

 

Change the following:

 

THE TERM OF THIS LEASE IS FROM SEPTEMBER 1, 2000 THROUGH AUGUST 31, 2005.

 

THE FOLLOWING RESOLUTION IS READ AND PASSED AS AMENDED, ON A ROLL CALL VOTE AS FOLLOWS:

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.

 

NOES - 0.

 

033      RESOLUTION OF THE PAWTUCKET CITY COUNCIL REGARDING THE TAXES AT 210 WEST AVENUE. (Woodlawn Community Development Corporation) AS AMENDED.

 

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

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.

 

NOES - 0.

 

588      RESOLUTION IN AMENDMENT OF SECTION A-14 OF THE FOLLOWING RESOLUTION ENTITLED “RESOLUTION ADOPTING PROCEDURES FOR THE REMOVAL OF NON-OPERATIONAL VEHICLES, ON PRIVATE PROPERTY, AS AMENDED”

 

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

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.

 

NOES - 0.

 

588      RESOLUTION AUTHORIZING THE ABANDONMENT OF A PORTION OF SAMUEL AVENUE, AND A PORTION OF NEW STREET, IN THE CITY OF PAWTUCKET.

 

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

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.

 

NOES - 0.

 

588      RESOLUTION IN AMENDMENT OF THE RULES OF THE CITY COUNCIL (City Council meetings to commence at 7:00 p.m.)

 

Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council, (Section 125 Cafeteria Plan Resolution) is READ AND ORDERED FILED.

 

THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

 

RESOLUTION TO APPROVE AND ADOPT THE FORM OF AMENDED SECTION 125 CAFETERIA PLAN EFFECTIVE JULY 1, 2002, (Health benefit co-payment)

 

The following ordinance is read for the second time and PASSED on a roll call vote, as follows:

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.

 

NOES - 0.

 

330      AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2619.

 

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

 

AN ORDINANCE IN AMENDMENT OF ARTICLE IV OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “TAXATION” (Exemption for Senior Citizens)

 

THE FOLLOWING LICENSE WHICH WAS LAID ON THE TABLE AT THE APRIL 24, MAY 8, MAY 22, JUNE 5, JUNE 19, 2002, MEETINGS IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSE (CLASS A & B) (Selling used automobiles and parts) -

 

*Mario Jimenez, d/b/a Fonseca A/S, 263 Dexter Street, LIC#30265 & #40277

1.  License approved on a 12 month conditional basis.

2.  There shall be a three month review of the business operation with the neighbors.

3.  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

d.  No operation on Sundays or Holidays.

4.  Owner shall provide, in writing, off-street parking arrangement with neighbor.  Agreement shall be presented to the City Clerk within 30 days.

5.  No parking on Dexter Street.

6.  Towing allowed during business hours only  9:00 a.m.-5:00 p.m. M-F.  No Saturdays.

7.  Rear of building shall be clear of all vehicles at all times.

8.  No parking on Dexter Court.

9.  No painting or auto body work allowed.

10.  Outside premises to be kept clean and free of parts and debris.

11.  No more than 12 vehicles shall be allowed to park in front of property.

12.  The owner of business shall monitor customer parking.

13.  No road testing on Dexter Court

14.  No repair allowed outside.

15.  No motorcycle repairs allowed at any time.

16.  Keep rear doors closed at all times.

 

*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:

 

ENTERTAINMENT-

 

Petition of Pawtucket YMCA, for a license to conduct (G) Rated Movies in the Veterans Memorial Amphitheater, Roosevelt Avenue, on Fridays, July 12, 26, 2002, August 9, 23, 2002, and September 6, 20, 2002, from 7:30 p.m. to 10:00 p.m., LIC#0014M.

 

PUBLIC LAUNDRY Renewals –

 

Chaudhary, LLC d/b/a Swan Cleaners, 371 Benefit Street. LIC#A0066

Management Consultant & Investment Corp., d/b/a Caribbean Cleaners, 720 Cottage Street, LIC#A0067

 

PEDDLER Renewal –

 

William Frank d/b/a Candi Plus, Inc., 53 Lafayette Street, LIC# 14

DRIVER:         David Hochman, 18 Western Promenade Street, Cranston, RI.

TO PEDDLE:   Balloons & Novelties

LOCATION:   All of Pawtucket

 

PRIVATE DETECTIVE Renewals -

 

Mark H. Brouwer d/b/a M. Brouwer, 255 Main St. LIC#90165

Mark W. Chauppette d/b/a MWC Investigations, 2 Dexter St. LIC#90167

Thomas J. Feeley, 46 Vineyard St. LIC#90131

Troy M. Langdeau, 58 Tally St. LIC#90170

Lincoln D. Roy, d/b/a LR & Associates, 45 Broad Street, LIC#90173

Daniel A. Silveira, 29 Dunnell Lane, LIC#90176

 

SUNDAY SALES 1st Class – New

 

Jose Baptista d/b/a Brava Retail Fish Market, 538 Weeden Street, LIC#20425

 

SUNDAY SALES 1st Class –

 

Amerada Hess Corporation d/b/a Hess 39504, (Transfer from Merit Oil Co) 250 Mineral Spring Avenue, LIC#20424

 

*THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:

 

PRIVATE DETECTIVE –

 

Mark H. Brouwer, Surety – Western Surety Company

Mark W. Chauppette,Surety-Western Surety Company

Thomas J. Feeley, Surety – Western Surety Company

Lincoln D. Roy, Surety-Western Surety Company

Daniel A. Silveira, Surety-Western Surety Company

 

*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

 

Gary Furtado - $165.00

Richard Massi - $125.00

Gladys Orsini - $139.63

Jeannette Puget - $576.33/593.22

Kevin Tootell - 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 Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.

 

NOES - 0.

 

Mt. St. Mary’s Cemetery - $3500.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:

 

American Home Products Corp., & Sueric, LLC., By National Grange Mutual Insurance Company - $10,000.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

Diane Agostini, By Attorney Raymond A. Marcaccio - $100,000.00

Barbara Ramsay - No Amount Specified

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON A UNANIMOUS VOICE VOTE:

 

Eric Dabanka, By Attorney Thomas A. Tarro, III - $100,000.00

Flora Emery, By Attorney Jeffry S. Perlow - $100,000.00

Helen F. Gorman - $8.56

Luis Martins, By Norfolk & Dedham Group - $893.47

Robert Pine, By Attorney Charles J. Vucci - $500,000.00

John Santos - $3,500.00

 

Upon motion made by Councilor Bray, seconded by Councilor Wildenhain, the meeting is adjourned at eight forty-four o’clock p.m.

July 10, 2002 - Regular City Council Session
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