June 25, 2003 - Regular City Council Session

City Council, June 25, 2003

A regular session of the Pawtucket City Council is held Wednesday, June 25, 2003, at 7:00 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilors Carr, Hoyas, and Moran.

President Barry presides.

The reading of the records of June 11, 2003, 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:

061 A. June 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, 2002 through May 31, 2003)

622 B. June Communication from Ronald F. Travers, Director, Zoning and Code Enforcement, to Council President John Barry, III, & Council Members (Vacant/Abandon Housing Report)

028 C. June Copy of Public Notice from Eric A. Beck, P.E. Supervising Sanitary Engineer, Office of Water Resources Department of Environmental Management (Draft RIPDES General Permit for Storm Water Discharge associated with Construction Activity)

613 D. June Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to Janice M. LaPorte, CMC, City Clerk (Response to the Zoning Ordinance to prohibit places of worship in certain Zones)

028 E. June Communication from Patricia A. Valliere, CMC, Town Clerk, Richmond RI, to the City and Town Clerks (Resolution declaring the week of June 9-13, 2003, as Voter Awareness Week)

028 F. June Communication from Dale S. Holberton, CMC, Town Clerk, Town of South Kingstown, to Janice M. LaPorte, CMC, City Clerk (Resolutions on file and in support of H-6387 and S-1049 relating to Real Property-Recording of Instruments and S-1076 relating to Alcohol License Administration Fees)

028 G. June Communication from Deidra A. Kettelle, Town Clerk, Town of East Greenwich, to the RI City and Town Councils (Resolutions passed in support of Bi-Partisan Bills H-5081 and S-180 Separation of Powers, and H-6147 Construction Funding for Public Libraries

H. June Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to the Honorable City Council Members (School Administration-Skateboard Response) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

Upon motion made by Councilor Grebien, seconded by Councilor Hodge, the following communication is REFERRED TO THE CITY PROPERTY COMMITTEE on a unanimous voice vote:

Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to the Honorable City Council Members (School Administration-Skateboard Response

COUNCILOR MORAN ARRIVES AT 7:01 P.M.

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING REQUEST IS APPROVED, PENDING APPROVAL OF VICTUALLING HOUSE LICENSE ON A UNANIMOUS VOICE VOTE:

028 June Communication from Nicholas Hindy d/b/a Candy from Heaven, 686 Central Avenue, Pawtucket, to the Pawtucket City Council (Requesting to install a Walk up Service Window to serve Ice Cream and Cold Drinks)

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

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

The Clerk is instructed to send a communication to Thomas Willett, Chief of Project Development, requesting information regarding trees on Stedman Avenue in the vicinity of the proposed building and site improvements on Lots 1346, 1502, 1601,1602,1582 on Mineral Spring Avenue at Stedman Avenue and Power Road.

The City Planning Commission has approved the site plan with a condition that the trees along Stedman Avenue are taken down and replaced. The council is asking for the following information:

1. Does the city of Pawtucket own these trees?

2. If yes, what condition are the trees in?

A response is requested in time for the next Council meeting scheduled for July 9, 2003.

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

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

The Clerk is instructed to send communications to Gerald Quinn, Chairman, City Planning Commission, Margaret M. Lynch-Gadaleta, City Solicitor, Karen Godin, City Planning Department, and Michael D. Cassidy, Director, Planning and Redevelopment, regarding the City Planning Commission’s approval to PJC Realty Company, Inc., for the Site Plan for the proposed building and Site Improvements on Lots 1346, 1502, 1601, and 1582 on Mineral Spring Avenue at Stedman Avenue and Power Road. One of the conditions to the Commission’s approval was that the trees along Stedman Avenue are to be taken down and replaced.

Councilor Clemente, the neighbors, and representatives for Books Drug met with Judge Williams in mediation sessions and did not agree to removing these trees.

The Council is asking for the following:

1. Explanation of how a previous agreement that the trees were to remain got changed.

2. Are the trees in question city-owned trees?

3. Stop any further action regarding the trees until Mr. Willett can determine if these trees are on city property.

A response is requested in time for the next Council meeting scheduled for July 9, 2003.

Communication from Arnold N. Montaquila Esq., Montaquila & Summer, P.C. to President John J. Barry, III (Request for a Zone Change for Assessors Plat 50 Lot 1503, Mineral Spring Avenue at the Intersection of Power Road-Albino and Joan Savastano) is READ AND ORDERED FILED, AND REFERRED TO THE ORDINANCE COMMITTEE AND THE CITY PLANNING COMMISSION.

588 Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Section 125 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, 2003, (Health-Benefit Co-payment)

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

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

NOES - 0.

588 RESOLUTION CONGRATULATING THE KEYSTONE CLUB AT THE BOYS AND GIRLS CLUB OF PAWTUCKET RI, RI TEEN SUPREME CENTER FOR BEING AWARDED “THE NATIONAL TEEN SUPREME KEYSTONE AWARD FOR EDUCATION AND CAREER EXPLORATION”

COUNCILOR HOYAS ARRIVES AT 7:18 P.M.

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

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

NOES - 0.

588 RESOLUTION IN SUPPORT OF 2003-H 6382, “JOINT RESOLUTION MAKING AN APPROPRIATION OF $75,000 FOR BLACKSTONE VALLEY COMMUNITY HEALTH CARE OF PAWTUCKET”

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 379 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLE REPAIR SHOPS”. (Attrition of Licenses)

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 2075 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ORDINANCE ESTABLISHING A COMPENSATION POLICY FOR MEMBERS OF APPOINTED BOARDS AND COMMISSIONS” (City Sergeant & Sealer of Weights and Measures)

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

ENTERTAINMENT –

Petition of Pleasant View Business Association, to hold a Pleasant View Concert Series in the John Street Playground on Sundays June 29, July 13, 27 and August 10, 2003 from 4:00 p.m. to 6:00 p.m., and Sunday August 24, 2003 from 12:00 noon to 6:00 p.m., LIC#0208M

Petition of Clube Social Portugues, to hold an Annual Picnic & Festival (Live Music & Traditional Food) in the Parking lot of 131 School Street on Friday August 15, 2003 from 6:00 p.m. to 1:00 a.m., Saturday August 16, 2003, from 5:00 p.m. to 1:00 a.m., and Sunday August 17, 2003, from 6:00 p.m. to 10:30 p.m., LIC#0251M

GAME ROOM Renewal –

George Thurber d/b/a George’s Games & Music, 101 Main St. LIC#80001

PEDDLER New -

K & S Novelty Inc., 29 Lauriston Street, Providence, RI 02906, LIC#15

DRIVER: Kevin Skelly, 29 Lauriston Street, Providence, RI 02906

DRIVER: Allan D. Bernstein, 59 Fifth Street, Providence, RI 02906

DRIVER: Theresa Manera, 156 Yeoman Avenue, Cranston, RI 02911

TO PEDDLE: Balloons & Novelties

LOCATION: McCoy Stadium Area

PEDDLER Renewal –

Alan Clark d/b/a Pal’s Ice Cream, 875 Smithfield Avenue, Lincoln, RI, LIC#62

DRIVER: Richard Clark, 691 Quarry Road, Wells, Maine, 04090

TO PEDDLE: Ice Cream

LOCATION: All of Pawtucket

PEDDLER Renewal –

Leonard E. Rounds III d/b/a Len’s Hot Dog Haven, 41 Harcourt Avenue, Pawtucket, RI, LIC#6

DRIVER: Leonard E. Rounds,

TO PEDDLE: Hot Dogs

LOCATION: Corner of Goff & Commerce Street, and Streets surrounding McCoy Stadium

PINBALL & AMUSEMENT DEVICES Renewal -

George Thurber d/b/a George’s Games & Music, 101 Main St. (40) LIC#70054

PRIVATE DETECTIVE New –

Terrence M. Burgess, 40 Capwell Avenue, Pawtucket, RI, LIC#90184

PRIVATE DETECTIVE Renewals –

Richard P. Angelo d/b/a Colonial Investigative Group, 255 Main St. LIC#90171

Thomas J. Anter, 151 Lowden St. LIC#90182

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

Nicky J. Fernandes, (Information With Integrity, Incorporated), 155 Pleasant St. LIC#90179

John J. LeClair d/b/a N.P.S., 255 Main St. LIC#90153

Richard Macedo, 101 Sission St. LIC#90160

David MacLean, 393 Armistice Blvd. LIC#90164

Steven D. Vander Pyl, 60 McCabe Ave. LIC#90180

Mauro Della Selva, 38 Mabel St. LIC#90181

PUBLIC LAUNDRY Renewals -

Rufus and Selinah Ajayi d/b/a The Washing Well Laundromat, 906 Main St. LIC#A0058

Angelica Textile Services Inc., 482 Pawtucket Ave. LIC#A00062

Belisle's Coin Laundry Inc., 660 Broadway LIC#A0063

Helene A. Bergeron d/b/a Helene’s Laundramat, 280 Dexter St. LIC#A0064

Budz Suds Incorporated d/b/a Budz Suds Laundromat, 611 Smithfield Ave. LIC#A0051

Manisha Chowdhary d/b/a R & M Laundromat, 530 Broadway, LIC#A0070

Nou X. Her & Mai F. Her d/b/a Bubble Wash Laundromat, 472 Pawtucket Ave. LIC#A0069

George & Libie Leonard d/b/a Stanley Systems Cleaners & Mr. USA, 224 East Ave. LIC#A0017

Lonsdale Super Wash Inc., 459 Lonsdale Ave. LIC#A0071

New England Linen Supply Inc., 20 Rhode Island Ave. LIC#A0021

Linda M. Roselli d/b/a Coin-Op, 504 Pawtucket Ave. LIC#A0053

Royal Cleaners Inc. d/b/a Royal Cleaners, 639 Cottage St. LIC#A0045

Sunshine Laundromat Inc., 192 Division St. LIC#A0040

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

PRIVATE DETECTIVE –

Richard Angelo d/b/a The Colonial Investigative Group, Surety – Travelers Casualty & Surety Company of America

Mark H. Brouwer d/b/a M. Brouwer, Surety – Western Surety Company

Terrence M. Burgess, Surety – National Grange Mutual Insurance Company

David MacLean, Surety – Western Surety Company

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

J & D Landscaping & Lawn Care- $1,997.04/ Approximately 2,600.00

Suzanne Palucki, by McOsker-Bell Law Office LLP-$2,439.69

Robin L. Parker, Individually as Administratrix, Mother, and Next Friend of Aaron M. Hotchkiss, Minor, by Attorney Thomas W. Pearlman-$150,000.00

Upon motion made by Councilor Hodge, seconded by Councilor Bray, the meeting is adjourned at 7:22 p.m., in memory of Lieutenant Matthew Gill, former Pawtucket Fire Fighter who passed away on June 24, 2003.