City Council, May 8, 2002
A regular session of the Pawtucket City Council is held Wednesday, May 8, 2002, at eight 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 COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT EIGHT ONE O’CLOCK P.M.
The reading of the records of April 24, 2002, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Bray, seconded by Councilor Clemente, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Automobiles & Parts) by Corey Enterprises Inc., d/b/a Gansett Auto Parts/Gansett Auto, 206 Pine Street, Tax Assessors Plat 53 Lot 610, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts. LIC#30275 & 40288 which was advertised for a hearing at this time is taken up:
Speaking in favor is Applicant, Frank Corey, 38 Reservoir Street, Attleboro, Massachusetts.
Councilor Clemente questions Mr. Corey about his business.
Mr. Corey states that he has been running an Auto Parts Store at this location for over 20 years. He states that his business is slow and wants to increase his business by repairing automobiles.
Mr. Corey states that he will keep the store and the area clean, and can store up to 8 cars inside lot.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Grebien, the following license is APPROVED on a unanimous voice vote:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B Selling Used Automobiles & Parts) by Corey Enterprises Inc., d/b/a Gansett Auto Parts/Gansett Auto, 206 Pine Street, Tax Assessors Plat 53 Lot 610, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts. LIC#30275 & 40288.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Public Buildings Authority, FOR CONFIRMATION:
PUBLIC BUILDINGS AUTHORITY
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.
NOES – 0.
PUBLIC BUILDINGS AUTHORITY
Lawrence Monastesse, 42 Comstock Street, Pawtucket, RI 02860. Term expires First Monday in January, 2007. (CORRECTED TERM EXPIRATION DATE)
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 Parks Commission, FOR CONFIRMATION:
PARKS COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.
NOES – 0.
PARKS COMMISSION
James E. Langlois, 40 Daggett Avenue, Pawtucket, RI 02861. Term expires First Monday in August, 2004.
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 Parks Commission, FOR CONFIRMATION:
PARKS COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.
NOES – 0
PARKS COMMISSION
Frederick Kent, 42 Greeley Street, Pawtucket, RI 02861. Term expires First Monday in August, 2004.
Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to President John J. Barry, III., and the Honorable City Council Members, (Department of Human Services-Office Lease, 24 Commerce Street) is READ AND ORDERED FILED AND IS REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from Richard L. Prime to Janice M. LaPorte, CMC, City Clerk, (Petition to abandon City owned land at the junction of Frank Street and Gorizia Street) is READ AND ORDERED FILED AND IS REFERRED TO THE CITY PLANNING COMMISSION AND THE CITY PROPERTY COMMITTEE
Communication from Richard L. Prime, and Gil Silva, to Janice M. LaPorte, CMC, City Clerk, (Request to acquire City owned land on Frank Street) is READ AND ORDERED FILED AND IS REFERRED TO THE CITY PLANNING COMMISSION AND THE CITY PROPERTY COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Joseph Scallin, Director of Physical Plant, Pawtucket School Department, and John E. Carney, Director, Public Works, requesting that both sides of the newly renovated entrance to Curtis School, on Bloodgood Street, be seeded for grass and that caution tape be put up to prevent pedestrians from walking on the newly seeded section.
A response is requested in time for the May 22, 2002, City Council meeting.
Communication from Winograd, Shine & Zacks, Attorneys At Law, to David Moran, Chairman, Pawtucket Finance Committee. (Erco Corporation, et al/Proposed Settlement and Tax Stabilization Treaty for 1005 Main Street and 280 Rand Street) is READ AND ORDERED FILED AND IS REFERRED TO THE FINANCE COMMITTEE.
Communication from Ronald L. Wunschel, Director of Finance, to President John J. Barry, III, (Agreement with Cole-Layer-Trumble Company) is READ AND ORDERED FILED AND IS REFERRED TO THE FINANCE COMMITTEE.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING IS APPROVED ON A ROLL CALL VOTE AS FOLLOWS:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.
NOES – 0
Ratification of Contract between the City of Pawtucket and the R.I. Council 94, AFSCME, AFL-CIO, Local 3960, Professional and Technical Employees, for the period beginning July 1, 2000 to June 30, 2003.
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.
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.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following amendment to the following Resolution entitled “RESOLUTION CONVEYING AN EASEMENT OVER AND ACROSS COMMERCE STREET TO KELLAWAY, TRANSPORTATION INC.”
RESOLUTION CONVEYING AN EASEMENT OVER AND ACROSS COMMERCE STREET TO KELLAWAY TRANSPORTATION REALTY INC.
Upon motion made by Councilor Grebien, seconded by Councilor Hodge, the following amendment to the Resolution entitled “RESOLUTION CONVEYING AN EASEMENT OVER AND ACROSS COMMERCE STREET TO KELLAWAY TRANSPORTATION, INC.” is PASSED on a roll call vote as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.
NOES - 0.
RESOLUTION CONVEYING AN EASEMENT OVER AND ACROSS COMMERCE STREET TO KELLAWAY TRANSPORTATION REALTY INC.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, 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.
UPON RECOMMENDATION OF THE FINANCE 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.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING AMENDMENTS TO 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.
RESOLUTION ADOPTING PROCEDURES FOR THE REMOVAL OF NON-OPERATIONAL VEHICLES ON PRIVATE PROPERTY.
Add section A to include procedures 1-15
Change Section 14 to read as follows:
14. THE FINANCE DEPARTMENT WILL DRAW CHECKS FOR PAYMENT FROM THE APPROPRIATE LINE ITEM OF THE DIVISION OF ZONING BUDGET AND FORWARD PAYMENT TO THE TOW COMPANY (COST OF TOW $63.00 ESTABLISHED TOW RATE APPROVED BY THE PUBLIC UTILITIES COMMISSION in the amount of $45.00 PLUS REIMBURSEMENT FOR CERTIFIED MAIL COSTS.)
Add section B as follows:
B. NONE OF THE ABOVE SHALL BE CONSTRUED TO SUPERSEDE CHAPTER 383-5 (C) OF THE CODE OF ORDINANCES, DEALING, WITH NUISANCE VEHICLES.
Delete section C as follows:
C. THIS RESOLUTION SHALL TAKE EFFECT UPON FINAL PASSAGE FOR A PERIOD OF SIX (6) MONTHS, AT WHICH TIME IT WILL BE REVIEWED BY THE ORDINANCE COMMITTEE.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, 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.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Bray, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank J. Milos, Jr., Esq., Assistant City Solicitor, to prepare a form that the tow operator would sign, which would be sent to the PUC, requesting permission to tow at the rate of $45.00 for the City of Pawtucket.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Bray, is PASSED on a unanimous voice vote:
The Clerk is instructed to state in the communication that is being sent to Frank J. Milos, Jr., Esq., Assistant City Solicitor, that the response time on preparing the form be no later than Monday, May 13, 2002, in order that the companies on the city’s tow list be sent the form within 10 working days.
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.
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.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from Angel S. Garcia, Director of Personnel, to The Honorable Members of the Pawtucket City Council. (Withdrawing the request to the ORDINANCE IN AMENDMENT OF CHAPTER 2619 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” (Change Title: Personnel Aide, Personnel Assistant and Employee Benefits Coordinator To: Human Resources Specialist X07)
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:
THE FOLLOWING ORDINANCE IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF THE PAY PLAN FOR THE CITY OF PAWTUCKET SPECIFICALLY CHAPTERS 2567 AND 2619. (Professional & Technical Employees Local 3960)
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2619 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” (Delete: Supervisor of Parks at 10T; Add: Supervisor of Parks and Recreation Facilities at 8T)
UPON RECOMMENDATION OF THE AD HOC REDISTRICTING COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE REDISTRICTING THE COUNCILMANIC DISTRICTS IN THE CITY OF PAWTUCKET.
THE CLERK IS INSTRUCTED TO SCHEDULE A PUBLIC HEARING FOR WEDNESDAY JUNE 5, 2002, AT 8:00 P.M. REGARDING THE COMPREHENSIVE PLAN LAND USE AMENDMENT-SEEKONK LACE PROPERTY.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, A PUBLIC HEARING IS SET FOR WEDNESDAY, JUNE 5, 2002, AT 8:00 P.M. ON THE FOLLOWING ORDINANCE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “THE ZONING ORDINANCE” (TEXT AND OFFICIAL ZONING MAPS) – Seekonk Lace Property
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, A PUBLIC HEARING IS SET FOR WEDNESDAY, JUNE 5, 2002, AT 8:00 P.M. ON THE FOLLOWING ORDINANCE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “THE ZONING ORDINANCE” (TEXT AND OFFICIAL ZONING MAPS) – Riverfront Zoning
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 198 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “EXCAVATIONS.”
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE, AND A PUBLIC HEARING ON THE MUNICIPAL BUDGETS IS SCHEDULED FOR WEDNESDAY, MAY 29, 2002, AT 6:00 P.M. ON A UNANIMOUS VOICE VOTE:
ANNUAL OPERATING BUDGET ORDINANCE 2002-2003
CAPITAL BUDGET ORDINANCE 2002-2003
CAPITAL IMPROVEMENT PROGRAM ORDINANCE 2003-2007
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2619 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” AND REPEALING CHAPTER 2639 IN ITS ENTIRETY. (Change: Labor Supervisor I/Public Building at R26 to Supervisor of Building Maintenance at R34; Upgrade: Building Maintenance Mechanic III from R36 to R40)
THE FOLLOWING LICENSE WHICH WAS LAID ON THE TABLE AT THE APRIL 24, 2002, MEETING IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
*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 The Door Christian Fellowship Church for a license to conduct a Live Band Concert (Christian Music) in the Parking Lot of 558 Broadway, on Saturday, June 8, 2002, from 5:00 p.m. until 7:00 p.m. LIC#0007M
Petition of Pleasant View Business Association for a license to conduct a Pleasant View Family Day, at John Street Playground, on Saturday, June 1, 2002, from 10:00 a.m. to 2:00 p.m., (Rain Date, Saturday, June 8, 2002) LIC#0008M
AUTO REPAIR SHOP ONLY
Richard L. Audette d/b/a A & S Wheel and Brake, 514 Broadway LIC#30010
Firestone Tire & Rubber Co., 270 Broadway LIC#30041
*John Jeha, d/b/a Jeha’s Citgo, 76 Newport Ave LIC#30057
1. Maintain 6 ft. stockade fence.
2. Inform City Council prior to doing any towing.
Monro Brake and Muffler, Inc., d/b/a Speedy Auto Service by Monro, 1427 Newport Ave. LIC#30241
David Savastano d/b/a David Savastano's Texaco, 895 Mineral Spring Ave. LIC#30102
SECOND HAND SHOP ONLY (Class C – USED Miscellaneous Merchandise)
Blackstone Valley Chapter Rhode Island Association for Retarded Citizens (RIARC) d/b/a New to You, 541 Armistice Blvd. LIC#40226
*Tuxedo’s By Merian Inc., 214 Broadway, LIC#40254
*COUNCILOR HODGE ABSTAINS BASED ON HIS STATEMENT THAT HE IS “PART OWNER OF APPLICANTS LOCATION” (REPORT ON FILE)
SUNDAY SALES 1st Class –Renewal
Fola Sule, d/ba Toofs Market, 916 Main Street LIC#20230
SUNDAY SALES 1st Class –
RIPJ Management Inc., d/b/a Papa John’s (Transfer from P.J. New England LLC d/b/a Papa John’s) 379 Smithfield Ave, LIC#20418
RIPJ Management Inc., d/b/a Papa John’s (Transfer from P.J. New England LLC d/b/a Papa John’s) 295 Armistice Boulevard, LIC#20417
SUNDAY SALES 2nd Class –Renewal
Family Dollar Stores Inc., 320 Dexter Street, LIC#20089
VICTUALLING HOUSE 1st Class –Renewal
Lespar Inc., d/b/a The Whole Scoop, 604 Smithfield Avenue, LIC#00527
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
MISCELLANEOUS
Georgianna Andrade, by Commerce Insurance Co.-$200.00
Leonardo & Otilia Cordeiro, on behalf of Joseph Cordeiro, by Attorney Shannon Gilheeney-No Amount Specified
Gloria A. Prevost-$959.12
Barbara Ramsay-No Amount Specified
THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Jamie L. Benti - $1,182.95/$1,132.00
Craig Allen Clifford, Jr. - $106.63
Sandra Coppolino - $172.95/225.00
Mario DosReis, By Attorney James A. Murray - $40,000.00
Fred E. Joslyn, Jr. - $520.60
Doris Paquin - $17.81
Kristel L. Spaziano By Attorney Michael S. Pezzullo - No Amount Specified
Joao Tomar, By Attorney James A. Murray - $40,000.00
Lillian A. Gallagher - $247.00
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the meeting is adjourned at eight forty-four o’clock p.m.