June 21, 2006 - Regular City Council Session

 

City Council, June 21, 2006

 

A regular session of the Pawtucket City Council is held Wednesday, June 21, 2006, at 7:29 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – Councilor Carr.

 

President Grebien presides.

 

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT PUBLIC HEARING ON THE FOLLOWING:

 

028      Communication from Richard Sugerman, President, Providence Metallizing Co., Inc. 51 Fairlawn Avenue to the Honorable City Council, requesting the Abandonment of Fairlawn Avenue

 

THE COUNCIL RECONVENES AT 7:31 P.M.

 

The reading of the records of June 7, 2006, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

126

A.                Communication from John E. Carney, Director of Public Works to the Pawtucket City Council, (Response – Drainage Problem at Daggett Avenue Ball Fields)

 

 

126

B.                 Communication from Stephen A. Ricci, City Engineer to Janice M. LaPorte, CMC, City Clerk, (Response – Drainage Problem at Daggett Avenue Ball Fields)

 

 

1

C.                Communication from Major Arthur J. Martins, Pawtucket Police Department to Janice M. LaPorte, CMC, City Clerk, (Response – Boot Drive Fundraiser)

 

 

3 & 028

D.                Communication from David A. Coughlin to the Honorable Donald R. Grebien, President, Pawtucket City Council, (Resume – School Committee Vacancy)

 

 

683

E.                 Communication from Richard Goldstein, Government Affairs to the Honorable Members of the Pawtucket City Council, (State Budget)

 

 

622

F.                 Communication from Ronald F. Travers, Director of Zoning & Code Enforcement to Donald R. Grebien, President, Pawtucket City Council and Council Members, (Vacant Property Housing Report)

 

 

7

G.                Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Statements)

 

 

7

H.                Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Construction Fund Draw Schedule Analysis)

 

 

028

I.                   Communication from Russell Chateauneuf, Chief, Groundwater and Wetlands Protection, RI Department of Environmental Management to the City Clerk, (Insignificant Alteration  Permit – Owen Avenue and Power Road)

 

 

634

J.                   Communication from Janice M. LaPorte, CMC, City Clerk on behalf of Councilor Vitali to George L. Kelley, III, Chief of Police, (Requesting an Increase in Patrol in the Countryside Area)

 

 

028

K.                Copy of Resolution from Anna M. Stetson, Providence City Clerk, (Elimination of MTBE as a Gasoline Additive)

 

 

028

L.                 Copy of Resolution from Anna M. Stetson, Providence City Clerk, (Relating to Public Utilities – Excavation Near Underground Utility Facilities – Costs)

 

 

028

M.               Copy of Resolution from Anna M. Stetson, Providence City Clerk, (Relating to Education – The Rhode Island Student Investment Initiative)

 

 

028

N.                Copy of Resolution from Anna M. Stetson, Providence City Clerk, (Requesting Rhode Island’s 39 Cities and towns to Support a Nationwide Boycott on All Petroleum-Based Products from the Exxon Mobile Corporation)

 

 

028

O.                Copy of Resolution from Anna M. Stetson, Providence City Clerk, (Relating to Education – Foundation Level School Support)

 

 

028

P.                 Copy of Resolution from Anna M. Stetson, Providence City Clerk, (Opposition - Relating to Statutes and Statutory Construction – Publication and Distribution of Acts)

 

 

028

Q.                Copy of Resolution from Anna M. Stetson, Providence City Clerk, (Joint Pension Review Committee)

 

 

7

R.                 Communication from JoAnn McIntyre, PWSB to Janice M. LaPorte, CMC, City Clerk, (PWSB - FY2007 Budget)

 

 

622

S.                 Communication Ronald F. Travers, Director of Zoning & Code Enforcement to Donald R. Grebien, President, Pawtucket City Council, (Tropical Vibes Corp., d/b/a Tabu Restaurant, 17 Exchange St. – Violations)

 

 

592

T.                 Communication from Michael D. Cassidy, Director of Planning and Redevelopment  to the City Council Ordinance Committee, (Proposed Zoning Ordinance Changes – 2006)

 

 

 

U.                An Ordinance in Amendment of Chapter 410 of the Revised Ordinances of the City of Pawtucket (Zoning Ordinance) Text and Official Zoning Maps is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE.

 

 

 

V.                Resolution Dedicating the city-owned, sports complex Located on School Street, which is leased by the Boys & Girls Club of Pawtucket, as “The Mike Pappas Youth Complex” is LAID ON THE TABLE and REFERRED TO THE CITY PROPERTY COMMITTEE.

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

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

 

Communication from John T. Gannon, McCorry and Gannon Attorneys at Law to Janice M. LaPorte, CMC, City Clerk, status report declaratory judgment action, 286 Main Street.

 

Upon motion made by Councilor Clemente, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

 

Communication from John T. Gannon, McCorry and Gannon Attorneys at Law to Janice M. LaPorte, CMC, City Clerk, status report declaratory judgment action, 286 Main Street.

 

634    DRAFTCommunication from Janice M. LaPorte, CMC, City Clerk, to Raymond M. Gannon, Chair, Zoning Board of Appeals (Asphalt manufacturing/processing facility) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

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

 

The Clerk is instructed to send a communication to Raymond M. Gannon, Chair, Zoning Board of Appeals, regarding concerns from the Councilors on International Paving Corp. and DB Companies Inc. who are requesting a special use permit to operate an asphalt manufacturing/processing facility at 25 Concord Street. The Clerk is further instructed to include the following question in said letter. What are the hours of operation?

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

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

 

The Clerk is instructed to send a communication to Michael E. Burns, Traffic Engineering Supervisor regarding the flashing lights located at the intersection of Power Road and Weeden, which is no longer operating and would like to known when it will be replaced.  A response is requested in time for the July 5, 2006, Council meeting.

 

609      Communication from Mary C. Hanley, Manager – Right of Way, Verizon to Janice M. LaPorte, CMC, City Clerk, (Petition for Verizon New England Inc., and Narragansett Electric Company to Relocate One Joint Pole Location 15’ Northerly on York Avenue) is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT ON UNANIMOUS VOICE VOTE:

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A ROLL CALL VOTE AS FOLLOWS:

 

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

 

NOES - 0.

 

028      Communication from Jeanne Zavada, CEO, Slater Mill to the Pawtucket City Council, (Fixed Charges-Contributions from the City of Pawtucket)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS APPROVED ON A ROLL CALL VOTE AS FOLLOWS:

 

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

 

NOES - 0.

 

623      Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council. (Salary Increase for Unclassified Non-Union Employees)

 

028      Communication from Mindy C. Montecalvo, Property Rights Specialist, NationalGrid, to Janice M. LaPorte, CMC, City Clerk, (Requesting an easement regarding the Abandonment a portion of Fairlawn Avenue) is READ AND ORDERED FILED on a voice vote.

 

619      Councilor Bray abstains based on her statement that she is a regulator for the Public Utilities Commission – Report Filed.

 

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

 

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

 

NOES - 0.

 

191 & 588       RESOLUTION ABANDONING A PORTION OF FAIRLAWN AVENUE IN THE CITY OF PAWTUCKET.

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

Communication from Dr. Hans W. Dellith, Superintendent of Schools to Donald R. Grebien, President, Pawtucket City Council, regarding Skateboard Park.

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.

 

Communication from Dr. Hans W. Dellith, Superintendent of Schools to Donald R. Grebien, President, Pawtucket City Council, regarding Skateboard Park.

 

7          Communication from Ralph M. Kinder, Armstrong, Gibbons & Gnys, LLP to Janice M. LaPorte, CMC, City Clerk, (Central Falls Water Distribution System) is READ AND ORDERED FILED.

 

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

 

AYES – President Grebien, Councilors Barry, Clemente, Hodge, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

ABSTAINS – Councilor Bray.

 

619      Councilor Bray abstains based on her statement that she is a regulator for the Public Utilities Commission which regulates the Pawtucket Water Department – Report Filed

 

588      RESOLUTION IN SUPPORT OF 2006-H 8235, “AN ACT RELATING TO THE PAWTUCKET WATER SUPPLY BOARD” (Central Falls Water Distribution System)

 

COUNCILOR CARR ARRIVES AT 7:55 P.M.

 

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

 

AYES – President Grebien, Councilors Barry, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

ABSTAINS – Councilor Bray.

 

619      Councilor Bray abstains based on her statement that she is a regulator for the Public Utilities Commission which regulates the Pawtucket Water Department – Report Filed.

 

330      AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 251 (TEAMSTERS UNION) July 1, 2006 – June 30, 2008

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

Communication from Jie Ling Chan, Manager, Mei King Restaurant to Whom It May Concern, (Request to Sell Food and Soda in Parking Lot of Restaurant on July 3, 2006).

 

Upon motion made by Councilor Barry, seconded by Councilor Vital, the following communication is READ AND ORDERED FILED and REQUEST IS APPROVED ON A UNANIMOUS VOICE VOTE.

 

028      Communication from Jie Ling Chan, Manager, Mei King Restaurant to Whom It May Concern, (Request to Sell Food and Soda in Parking Lot of Restaurant on July 3, 2006).

 

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

 

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

 

NOES - 0.

 

330      AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNIFORM MEMBERS OF THE FIRE DIVISION July 1, 2006 – June 30, 2007

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

With majority consent of the Council, Council Wildenhain introduces the following communication:

 

Communication from Ray Johnston, President, Pineview Little League to Jack Carney, Director of Public Works, update on drainage problem at the Tomlinson Sport Complex.

 

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

 

126      Communication from Ray Johnston, President, Pineview Little League to Jack Carney, Director of Public Works, update on drainage problem at the Tomlinson Sport Complex.

 

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

 

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

 

NOES - 0.

 

330      AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNIFORM MEMBERS OF THE POLICE DEPARTMENT July 1, 2006 – June 30, 2008

 

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

 

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

 

NOES - 0.

 

330      AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 3960 (PROFESSIONAL/TECHNICAL UNION) July 1, 2006 – June 30, 2007.

 

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

 

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

 

NOES - 0.

 

330      AN ORDINANCE IN AMENDMENT OF CHAPTER 2797 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Park & Recreation Clerk)

 

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

 

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

 

NOES - 0.

 

330      AN ORDINANCE IN AMENDMENT OF CHAPTER 2703 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2003 COMPREHENSIVE PLAN. (448 Newport Avenue)

 

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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

330      AN ORDINANCE FIXING THE SALARIES OF HEADS OF DEPARTMENTS AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2772.

 

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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR CLASSIFIED NON-UNION – July 1, 2006-June 30, 2007.

 

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE:

 

AN ORDINANCE IN AMENDMENT OF SECTION 2 OF CHAPTER 2811 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ANNUAL OPERATING BUDGET ORDINANCE 2006-2007, AS AMENDED” (Tax Assessment Bill)

 

THE FOLLOWING APPLICATIONS WERE LAID ON THE TABLE AT THE MEETINGS HELD MAY 10, & MAY 24, 2006, JUNE 7, 2006, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only)

 

*Lourenco DoCouto d/b/a Larry's Auto Repair, 519 Pawtucket Ave. LIC#30208 #40205

STIPULATIONS:

 

1.      No painting or auto body work.

2.      No parking on Glenwood Avenue.

3.      All work shall be done in building.

4.      No storage of junk cars or parts outside.

 

613      Communication from Frank J. Milos, Esq. Assistant City Solicitor, to the Honorable Donald R. Grebien, President, Pawtucket City Council.  (School Committee Vacancy) is READ AND ORDERED FILED.

 

ELECTION OF SCHOOL COMMITTEE MEMBER

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

Upon motion made by Councilor Clemente, seconded by Councilor Vitali, the name of Raymond J. Spooner, Jr., is placed in nomination to serve as a School Committee Member to fill the unexpired term of Bartholomew L. Wildenhain.

 

Upon motion made by Councilor Vitali, seconded by Councilors Carr & Wildenhain, the nomination for the School Committee Member are closed.

 

3          RAYMOND J. SPOONER, JR. IS ELECTED TO THE SCHOOL COMMITTEE, on a roll call vote, as follows:

 

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

 

NOES - 0.

 

616      Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Pawtucket City Council.  (Sandwich Board Sign – 720 Broadway) is READ AND ORDERED FILED.

 

THE FOLLOWING APPLICATION WAS LAID ON THE TABLE AT THE MEETINGS HELD MAY 10, & MAY 24, 2006, JUNE 7, 2006, IS TAKEN UP:

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following license is APPROVED based upon response from Michael E. Burns, Traffic Engineering Supervisor

 

SIGN BOARD PERMIT – New

 

Rickey L. Costello d/b/a Broadway Loan & Jewelry, 720 Broadway, LIC#N0017

 

THE CHAIR RECOGNIZES COUNCILOR BRAY.

 

With majority consent of the Council, Councilor Bray introduces the following license:

 

1ST CLASS VICTUALLING HOUSE

 

Swades LLC d/b/a Rasoi, 727 East Avenue, LIC#00780

 

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

 

1ST CLASS VICTUALLING HOUSE

 

Swades LLC d/b/a Rasoi, 727 East Avenue, LIC#00780

 

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

 

ENTERTAINMENT:

 

Petition of Pawtucket Fireworks Committee, for a license to conduct a Fireworks Display Illumination Show in McCoy Stadium, Columbus Avenue on Monday, July 3, 2006, from 9:00 p.m. to 11:00 p.m. LIC #0448M

 

PAWN BROKER - Renewal

 

Robert M. Carbone d/b/a Pawtucket Pawn Brokers, 261 Main St. LIC#L0003

 

PRIVATE DETECTIVE - Renewals

 

Thomas J. Anter, 54 Dora St. LIC#90182

Richard Delmastro d/b/a Ardel Investigations,255 Main St. Suite #308, LIC#90185

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

Robert M. Gubala, 591 Beverage Hill Avenue, LIC#90186

Robert M. Gubala II, 591 Beverage Hill Avenue, LIC#90187

David MacLean, 393 Armistice Blvd. LIC#90164

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

Mauro Della Selva, 38 Mabel St. LIC#90181

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

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

 

PUBLIC LAUNDRY Renewals -

 

Angelica Textile Services Inc., 482 Pawtucket Ave. LIC#A0062

Anjos Enterprises Inc. d/b/a J & L Laundramat, 288 East Ave. LIC#A0003

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

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

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

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

Cosann Laundry, Inc., d/b/a Freeway Laundry II, 280 Dexter St. LIC#A0074

Laundromax-Pawtucket, LLC d/b/a Laundromax,485 Mineral Spring Ave. LIC#A0075

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

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

Oladipo Solola d/b/a Langley's Laundry, 265 Pawtucket Ave. LIC#A0043

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

 

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

 

PRIVATE DETECTIVE –

 

Richard Delmastro d/b/a Ardel Investigations,  Surety – Hartford Fire Insurance Company

Nicky J. Fernandes, (Information With Integrity, Incorporated), Surety – Western Surety Company

David MacLean, Surety – Western Surety Company

Lincoln D. Roy d/b/a LR & Associates, Surety – Western Surety Company

Daniel A. Silveira, Surety – Western Surety Company

Mauro Della Selva, Surety – Western Surety Company

Steven D. Vander Pyl, Surety – Hartford Fire Insurance Company

 

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

 

Christopher Desantis by Progressive Insurance- $1,807.21

Allan Johnson - $293.75-$377.00

Rosemarie Valetim by Attorney Eugene V. Millicone - $300,000.00

Ashley Ventura by Attorney Marianne Santoro – No Amount Specified

 

Upon motion made by Councilor Hodge seconded by the entire City Council the meeting is adjourned at 8:30 p.m. in memory of Bartholomew L. Wildenhain former School Committee member and brother of Councilor Paul J. Wildenhain.

June 21, 2006 - Regular City Council Session
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