February 23, 2005 - Regular City Council Session

 

City Council, February 23, 2005

 

A regular session of the Pawtucket City Council is held Wednesday, February 23, 2005, at 7:20 P.M. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – 0.

 

President Grebien presides.

 

The reading of the records of February 9, 2005, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

647      A.  Communication from John J. Garrahy, Moses, Afonso, Jackvony, Ltd. Counselors at Law to Michael D. Cassidy, Director of Planning and Redevelopment. (Pawtucket-Central Falls Train Station)

 

028 & 588       B.  Communication from Frank Carrao, III, P.E. Secretary, State Traffic Commission to Janice M. LaPorte, CMC, City Clerk. (City’s Request for Crosswalk or Flashing Signals on Newport Avenue)

 

028      C.  Communication from Louise R. Phaneuf, Burrillville Town Clerk to Janice M. LaPorte, CMC, City Clerk. (Resolution - Supporting Legislation Requiring Utilities to Pay for Relocation of Infrastructure)

 

028      D.  Communication from Richard A. Poirier, Town Council President of Smithfield to Pawtucket City Council. (Resolution – To Provide All Purchasers of Health Insurance Options)

 

028      E.  Communication from John J. Trifero, Mayor of Newport to Pawtucket City Council Members. (Invitation to 49^th Annual St. Patrick’s Day Parade)

 

7          F.  Communication from Pamela M. Marchand, P.E. Chief Engineer, Pawtucket Water Supply Board to Janice M. LaPorte, CMC, City Clerk. (RIWRB Source Water Quality Protection Program: Purchase of Property in Diamond Hill Preserve – 3720 Diamond Hill Road, Cumberland)

 

7          G.  Communication from Pamela M. Marchand, P.E. Chief Engineer, Pawtucket Water Supply Board to Janice M. LaPorte, CMC, City Clerk. (RIWRB Source Water Quality Protection Program: Purchase of Property in Diamond Hill Preserve: Szpila Property: Howard RD, Town of Cumberland)

 

7          H.  Communication from Pamela M. Marchand, P.E. Chief Engineer, Pawtucket Water Supply Board to Janice M. LaPorte, CMC, City Clerk. (Safety Valve Program)

 

7          I.  Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket. (Revolving Fund Payment Requisition Form Project)

 

028      J.  Communication from Angelo Liberti, P.E. Chief of Surface Water Protection, DEM to Pawtucket City Council. (Announcement of Availability of Draft List of Impaired Waters)

 

028      K.  Communication from Paul W. Fogarty, Senator – District 23 to President Donald R. Grebien. (Senate Bill 2005S – 0064 An Act Relating to Education)

 

647      L.  Communication from Chris Clarendon, Pawtucket City Council. (Support for Saving the Pawtucket/Central Falls Train Station)

 

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

 

028      N.  Communication John T. Savoie, Town of New Shoreham to Senator Jack Reed. (Preserve America Program in the 2006 Budget)

 

590      O.  Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council. (In Support of Funding for The Samaritans, Inc.)

 

622      Communication from Ronald F. Travers, Director, Zoning and Code Enforcement to Council President Donald R. Grebien and Council Members. (Request for a Show-Causing Hearing - Tony & Sons, 551 Central Avenue) IS READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN

 

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

 

The Clerk is instructed to schedule a Show Cause Hearing to be held on March 9, 2005 at 7:00 P.M.  on the following license for violations, as indicated in the letter from Ronald F. Travers, Director of Zoning and Code Enforcement:

 

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

 

*Antonio J. Marques d/b/a Tony & Sons Auto Service, 551 Central Ave. LIC#30294 #40311

1. There shall be no more than 16 registered vehicles on the premises stored outside overnight, and not more than 19 registered vehicles during the business hours of operation, including the tow-truck.

2. No business or customer vehicles to be parked on the street.

3. Service of vehicles to be conducted indoors.  The only exception are trucks.

4. No outside storage of auto or truck parts, except within the fenced enclosure presently located on the lot.

5. Vehicles repairs to be conducted only between the hours of 7:00 a.m. and 7:00 p.m.

6. No vehicles sales allowed.

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

The Clerk is instructed to send a communication to the Honorable Kevin J. Dumas, Mayor of Attleboro, requesting a status report regarding the Kenyon Avenue property in Pawtucket and the negotiations between the City of Attleboro and the owner of Case Construction. A response is requested in time for the next meeting scheduled for March 9, 2005.

 

589      Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as City Solicitor, FOR CONFIRMATION:

 

CITY SOLICITOR

 

Margaret M. Lynch-Gadaleta, 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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

CITY SOLICITOR

 

Margaret M. Lynch-Gadaleta.

 

589      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 Juvenile Hearing Board.

 

JUVENILE HEARING BOARD

 

Michael P. Jolin, 64 Sweet Avenue, Pawtucket, RI 02861.  Term expires the first Monday in December, 2007, 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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

JUVENILE HEARING BOARD

 

Michael P. Jolin, 64 Sweet Avenue, Pawtucket, RI 02861.  Term expires the first Monday in December, 2007.

 

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

 

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

 

NOES - 0.

 

631      Ratification of contract between the City of Pawtucket and the Pawtucket Firefighters Independent Union for the period beginning July 1, 2004, to period ending June 30, 2007.

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING COMMUNICATION IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:

 

028      Communication from Joseph V. Gatta, President & CEO, The Slater Companies, to the Pawtucket City Council, requesting a ten-year tax stabilization for the Slater facilities located at 727 School Street and 750 Beverage Hill Avenue.

 

THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE FEBRUARY 9, 2005, AND REFERRED TO THE PROPERTY COMMITTEE ON A UNANIMOUS VOICE VOTE:

 

RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ENTER INTO A LEASE AGREEMENT WITH OMNIPOINT HOLDINGS, INC. FOR AN ANTENNA SITE AT THE PROPERTY LOCATED AT 240 GROTTO AVENUE.

 

588      Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council. (Mutual Aid Agreement for Police Services) is READ AND ORDERED FILED

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MUTUAL AID CONTRACT WITH THE CITY OF CENTRAL FALLS, THE TOWN OF CUMBERLAND, THE TOWN OF LINCOLN, THE CITY OF EAST PROVIDENCE, THE TOWN OF NORTH PROVIDENCE AND THE CITY OF PROVIDENCE.

 

588      Communication from Richard J. Goldstein, Government Affairs, to the Honorable Pawtucket City Council.  (Resolution regarding the taxation of PWSB water pipes) is READ AND ORDERED FILED

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION SUPPORTING 05-S 0167 AND 05-H 5373, BOTH ENTITLED, “AN ACT RELATING TO TAXATION – PROPERTY SUBJECT TO TAXATION.” (PWSB – Water Pipes)

 

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

 

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

 

NOES - 0.

 

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF NATHAN PAMPHILE.

 

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

 

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

 

NOES - 0.

 

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF ANA DIAS.

 

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

 

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

 

NOES - 0.

 

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF EMANUEL CATALAN-ROSADO.

 

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 IN AMENDMENT OF CHAPTER 2754 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET (Increase Pawtucket Fire Fighters Independent Union)

 

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 IN AMENDMENT OF CHAPTER 2754 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET (Auto Service Helper- Grievance)

 

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 IN AMENDMENT OF CHAPTER 2754 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET (Account Clerk II - Grievance)

 

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

 

AN ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE AMOUNT OF ONE MILLION ($1,000,000.00) DOLLARS PROVIDING FOR CONSTRUCTION AND RECONSTRUCTION OF STREETS AND SIDEWALKS.

 

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

 

AN ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE AMOUNT OF THREE HUNDRED THOUSAND ($300,000.00) DOLLARS PROVIDING FOR CONSTRUCTION AND RECONSTRUCTION OF SEWER AND SANITATION SYSTEM.

 

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

 

AN ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE AMOUNT OF THREE MILLION ($3,000,000.00) DOLLARS PROVIDING FOR THE RENOVATION AND EQUIPPING OF PUBLIC SCHOOL BUILDINGS.

 

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

 

AN ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE AMOUNT OF ONE MILLION TWENTY-FIVE THOUSAND ($1,025,000.00) DOLLARS PROVIDING FOR THE RENOVATION AND IMPROVEMENT OF PUBLIC BUILDINGS.

 

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

 

AN ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE THOUSAND ($125,000.00) DOLLARS PROVIDING FOR IMPROVEMENTS AND REPLACEMENT OF ROAD AND TRAFFIC CONTROL DEVICES.

 

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

 

AN ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE AMOUNT OF FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS PROVIDING FOR THE RENOVATION AND RECONSTRUCTION AND EQUIPPING OF PUBLIC RECREATION FACILITIES.

 

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

 

AN ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE AMOUNT OF THREE MILLION ($3,000.000.00) DOLLARS PROVIDING FOR THE RENOVATION AND IMPROVEMENT OF CITY HALL.

 

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

 

AN ORDINANCE AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE BONDS AND NOTES IN THE AMOUNT OF FIFTY THOUSAND ($50,000.00) DOLLARS PROVIDING FOR THE RECONSTRUCTION OF BRIDGES.

 

THE FOLLOWING OFFICERS ARE ELECTED FOR A (2-YEAR) TERM ON A UNANIMOUS VOICE VOTE:

 

WEIGHERS OF MERCHANDISE (2 Year Terms)

 

Priscilla A. Agin	Kevin McHale
Deborah Barta	David  M. Parrillo
Thomas J. Blount	Paul Reis
Timothy Dorgan	Thomas Ross
Jeff Frigon	Adam Sinel
Vanda P. Hart	Charles R. Sinel
Timothy A. Hays	Samuel S. Sinel
David Lawton	William A. Smith
Thomas Massey	John F. Sylvia

 

THE FOLLOWING LICENSE WHICH WAS LAID ON TABLE AT THE FEBRUARY 9, 2005, MEETING, IS AGAIN TAKEN UP AND IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

BINGO  New -

 

Colombian American Cultural Society of Central Falls, 602 Smithfield Avenue, (*Candilejas Corp., d/b/a/ Candilejas Café & Lounge), Sundays from 5:00 PM – 8:00 PM LIC#C0026

 

STIPULATIONS:

a.  Entertainment allowed 2 days per week on Fridays and Saturdays.

b.  Detail police officer on Friday and Saturday evenings.

c.  Back doors are to be kept closed at all times.          

 

THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

VICTUALLING HOUSE 1^ST Class –

 

Maria Lima’s Restaurant, Inc., d/b/a Cantinho Restaurant, (Transfer from Cantinho Bar & Grille, Inc.)  82 Pawtucket Ave. LIC#00726

 

THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

VICTUALLING HOUSE 1^ST Class –

 

Tory’s Tavern LLC d/b/a East Avenue Café,  (Transfer from 342 East Avenue Inc., d/b/a East Avenue Café) 344 East Ave. LIC#00727

 

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

 

PEDDLER Renewal –

 

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

DRIVERS:       William Frank, 53 Lafayette Street, Pawtucket, RI

                        Dennis M. Bryan, 53 Lafayette Street, Pawtucket, RI.

                        David White, 311 Hope Street, Mansfield MA.

TO PEDDLE:   Balloons & Novelties

LOCATION:   All of Pawtucket

 

POOL TABLE Renewals -

 

Lafayette Social Club Inc., 71 Benefit St. (1) Weekdays & Sundays LIC#G0017

 

PRIVATE DETECTIVE (New) –

 

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

 

VICTUALLING HOUSE  (New) 1^st Class –

 

J & C Pizza LLC d/b/a Pepperonis of Pawtucket, 392 Cottage St. LIC#00730

 

VICTUALLING HOUSE 1^ST Class –

 

Elizabeth Sankey d/b/a Tom’s Restaurant, (Transfer from Champagne Foods Inc., d/b/a Tom’s Restaurant) 29 Summer St. LIC#00729

 

Zi Qian Zhang d/b/a Double Dragon, (Transfer from Xing Di Zhu d/b/a Wish Garden Chinese Restaurant) 381 Smithfield Ave. LIC#00725

 

*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:

 

PRIVATE DETECTIVE –

 

Thomas J. Anter, Surety – Western Surety Company

 

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

 

Angelique Azevedo - $4338.00

Jorge Carvalal - $189.02/$291.05

Juana Disla - $770.80/$910.90

Dale French - $64.73

Christina O’Day - $420.00

Constance Pommenville - $369.15/$410.02

Kevin Ramsay - $4661.47

Benney Sawicki - $28.53

Michelle Skrydalewitcz by OneBeacon Insurance - $887.55

Mary Thomas - $1568.00/$1659.00

Sandra G. Yeghian - $361.82

 

Upon motion made by Councilor Moran, seconded by Councilor Vitali the meeting is adjourned at 8:00 p.m.