July 6, 2005 - Regular City Council Session

 

City Council, July 6, 2005

 

A regular session of the Pawtucket City Council is held Wednesday, July 6, 2005, at 7:52 P.M. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – Councilor Moran. 

 

President Grebien presides.

 

The reading of the records of June 22, 2005, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

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

 

028      C.  Communication from Matthew A. Brown, Secretary of State to Janice M. LaPorte, CMC, City Clerk, (Grant Award for the Purchase of a Fire Proof Safe)

 

028      D.  Communication from Meg Kerr, Chair RI Rivers Council to the Pawtucket City Council, (RI Rivers Council Annual Report for 2004)

 

1          E.  Communication from George L. Kelley, III, Chief of Police to the Pawtucket City Council, (2004 Pawtucket Police Department Annual Report – Report on File in City Clerks Office)

 

622      F.  Communication from Ronald F. Travers, Director, Zoning and Code Enforcement to Janice M. LaPorte, CMC, City Clerk, (Zoning Board Meetings – Change from Tuesday to Monday Evenings)

 

028      G.  Communication from Amy G. Rice, Esq., State Representative Dist 72 – Portsmouth-Middletown-Newport to the Pawtucket City Council, (Resolution to Oppose the Development of State Open Space Land in Big River Management Area)

 

614      H.  Communication from John E. Carney, Director of Public Works to the Pawtucket City Council, (New Programs Implemented to Increase the City’s Recycling Efforts)

 

1          A.  Communication from John T. Holmes, Animal Control Supervisor to Mayor James E. Doyle, (Animal Shelter Summer Fundraiser – Cancelled) 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 the Entire City Council, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Daniel Laneres and Michael Sladen of Tripp Funeral Home thanking them for their generous contribution to the Pawtucket Animal Shelter.

 

The Clerk is requested to prepare citations for Daniel Laneres and Michael Sladen to be presented at the August 10, 2005, City Council meeting. 

 

614      I.  Communication from John E. Carney, Director of Public Works to the Pawtucket City Council, (Progress of the Street Sweeping Program) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The Public Works Committee is requested to keep a close watch on the street sweeping and recycling programs and to meet periodically with the Director of Public Works for updates.

 

THE COUNCIL RECESSES AT 8:02 P.M. TO MEET WITH THE BOARD OF LICENSES COMMISSION.

 

THE COUNCIL RECONVENES AT 8:10 P.M.

 

SHOW CAUSE HEARING IS TAKEN UP:

 

AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Selling Used Automobile Parts) -

 

Hi-Output Auto Tuning, LLC, 133 Webster St. LIC#30293

1.         Hours of operation shall be 8:30 a.m.-6:00 p.m., M-F; 10:00 a.m. – 5:00 p.m., Saturday; No Sundays

2.         Towing allowed only during operating hours, if necessary.

3.         No outside storage

4.         No outside repairs.

5.         No test driving in the neighborhood.

 

Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.

 

Also present on behalf of the City is Melissa Leca, Environmental Zoning Inspector.

 

Also present is Rui Lopes, 122 Crest Drive, Pawtucket, RI, license holder and David Alves, 18  Pilgrim Avenue, East Providence, RI, associate.

 

Mr. Milos questions Ms. Leca regarding her inspection of Hi-Output Auto Tuning and if there were any violations of the stipulations found.

 

Ms. Leca states that Mr. Lopes was operating in violation of the hours of operation on his stipulations and had towed a vehicle on a Sunday, which is also in violation of his stipulations.  Ms. Leca states that she informed Mr. Lopes that he was in violation of his license.

 

Ms. Leca states that Mr. Lopes told her that he was going to continue to operate whether he has a license or not.

 

Councilor Wildenhain speaks with Mr. Lopes and states that he visited the business at 8:15 p.m. and asked him to close the doors at 6:00 p.m. to comply with his stipulations.  Councilor Wildenhain is disappointed that Mr. Lopes has not been cooperating and has taken this kind of attitude regarding his license.

 

Councilor Wildenhain states that the doors to the business must be closed after 6:00 p.m. and he reviews the stipulations with the license holder.

 

Councilor Wildenhain asks Mr. Lopes to change his attitude regarding his license and his neighbors, as well as, adhering to the stipulations that are in place.  Councilor Wildenhain states that if these problems continue a Formal Hearing will be held and fines and/or suspensions will be imposed.

 

There are no other speakers.

 

The Show Cause Hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

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

 

Communication from Michael E. Burns, Traffic Engineering Supervisor to the Pawtucket City Council, regarding 15 MPH postings on Paulhus Court.

 

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

 

616      Communication from Michael E. Burns, Traffic Engineering Supervisor to the Pawtucket City Council, regarding 15 MPH postings on Paulhus Court.

 

Petition for Auto Repair Shop License by Family Car Care Center, Inc., (Previously Rodamar Inc., d/b/a Meineke Muffler) 36 Newport Avenue, Tax Assessors Plat 40 Lot 805, to keep a shop for the purpose of repairing automobiles LIC#30314, which was advertised for a hearing at this time, is taken up:

 

Speaking in favor is Joseph Bergeron, Applicant.

 

Councilor Vitali questions Mr. Bergeron regarding his experience in this type of business.

 

Mr. Bergeron states that he has worked for this business for a number of years and is now purchasing the business from the previous owners.  He will continue the same type of operation.

 

Speaking in opposition is Jowanka and Alan Brouillette, 452 Willistion Way, Pawtucket, RI

 

Ms. Brouillette states that this business is supposed to open their doors at 8:00 a.m. and they are now opening their doors at 6:00 a.m. and the doors remain open as late as 9:00 p.m.  There is loud noises and swearing coming from this establishment and it is unacceptable.

 

Mr. Bergeron states that his hours of operation are 8:00 a.m. until 6:00 p.m., Monday through Friday and 8:00 a.m. until 3:00 p.m. on Saturdays.

 

Councilor Vitali states that Mr. Bergeron must control the noise and the vulgar language must stop.

 

Councilor Vitali states that there will be no selling of used auto parts or cars and the doors are to remain closed before and after business hours.

 

There are no other speakers.

 

The hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

Upon motion made by Councilor Vitali, seconded by Councilor Carr the following license is APPROVED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:

 

Petition for Auto Repair Shop License by Family Car Care Center, Inc., (Previously Rodamar Inc., d/b/a Meineke Muffler) 36 Newport Avenue, Tax Assessors Plat 40 Lot 805, to keep a shop for the purpose of repairing automobiles LIC#30314, which was advertised for a hearing at this time.

 

STIPULATIONS:

 

1.         No sale of used parts or auto sales

2.         Hours of operation shall be 8:00 a.m. until 6:00 p.m. Monday thru Friday; and 8:00 a.m. until 3:00 p.m. on Saturdays

3.         Doors to remain closed before and after operating hours. 

 

Communication from Susan A. Mara, Senior Planner, Department of Planning and Redevelopment, regarding the reuse of the Newell Avenue Playground and Laurel Hill Playground, is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.

 

Communication from Susan A. Mara, Senior Planner, Department of Planning and Redevelopment, regarding the request to rename the Slater Park tennis court entry-way, is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.

 

Communication from Mary C. Hanley, Manager – Right of Way, Verizon to Janice M. LaPorte, CMC, City Clerk, requesting easement to place facilities on City Property – Incinerator Site, is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.

 

Communication from Mary C. Hanley, Manager – Right of Way, Verizon, to Janice M. LaPorte, CMC, City Clerk, requesting a petition to place two new joint pole locations on Fountain Street, is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT.

 

Communication from Mary C. Hanley, Manager – Right of Way, Verizon, to Janice M. LaPorte, CMC, City Clerk, requesting a petition to place one new joint pole location on Mineral Spring Avenue, is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT.

 

611      Communication from Ronald L. Wunschel, Director of Finance, to the President Donald R. Grebien,  (Uncollectible Accounts-Purge) is READ AND ORDERED FILED.

 

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

 

RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PURGE UNCOLLECTED AUTO AND TANGIBLE RECEIVABLES IN THE AMOUNT OF $1,658,098.48 REPRESENTING THE YEARS 1993 THROUGH 1994.

 

 THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

Communication from Diane Dufresne, Director of Substance Abuse Prevention Task Force to Paul Wildenhain, Chair, Substance Abuse Prevention DARE Fund Committee, requesting funds to be release to the Pawtucket Substance Abuse Prevention Task Force

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED and REFERRED TO THE PAWTUCKET SUBSTANCE ABUSE PREVENTION COMMITTEE on a unanimous voice vote:

 

Communication from Diane Dufresne, Director of Substance Abuse Prevention Task Force to Paul Wildenhain, Chair, Substance Abuse Prevention DARE Fund Committee, requesting funds to be release to the Pawtucket Substance Abuse Prevention Task Force

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION CONGRATULATING THE 6TH GRADE ARTISTS AT THE CURVIN-McCABE ELEMENT SCHOOL ON THEIR OUTSTANDING ARTISTIC EXHIBIT.

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION CONGRATULATING THE 6TH GRADE ARTISTS AT THE AGNES E. LITTLE ELEMENTARY SCHOOL ON THEIR OUTSTANDING ARTISTIC EXHIBIT.

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND NOT PASSED ON A ROLL CALL VOTE AS FOLLOWS:

 

AYES – President Grebien, Councilors Carr, Clemente, and Vitali.

 

NOES – Councilors Barry, Bray, Hodge, Wildenhain.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 202 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “FEES” (Zoning)

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following ordinance is REFERRED BACK TO THE ORDINANCE COMMITTEE on unanimous voice vote:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 202 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “FEES” (Zoning)

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

Communication from Pamela M. Marchand, P.E. Chief Engineer, Pawtucket Water Supply Board to Council President Donald Grebien requesting a meeting regarding the construction of new water treatment facilities.

 

Upon motion made by Councilor Hodge, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED:

 

7          Communication from Pamela M. Marchand, P.E. Chief Engineer, Pawtucket Water Supply Board to Council President Donald Grebien requesting a meeting regarding the construction of new water treatment facilities.

 

UPON RECOMMENDATION OF THE ORDINANCE 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, Vitali and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 260 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “LICENSING”. (Personal Services License)

 

UPON RECOMMENDATION OF THE ORDINANCE 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, Vitali and Wildenhain.

 

NOES - 0.

 

ORDINANCE IN AMENDMENT OF ARTICLE II, CHAPTER 347 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “REFUSE COLLECTION” (Licensing)

 

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

 

ENTERTAINMENT –

 

Petition of Iglesia Cristo Soberano A.C.Y.M. to conduct a Religious Celebration Service at 530 Broadway (parking lot), on Saturday July 16, 2005, from 4:00 p.m. to 9:00 p.m., LIC#0403M

 

PEDDLER (New)

 

Jose A. Debrito, 11 David Street, North Providence, RI LIC#92

DRIVER:    Jose A. Debrito, 11 David Street, North Providence, RI    

TO PEDDLE: Food (hot dogs, hamburger, etc)

LOCATION: All Streets

 

Jorge Garcia d/b/a La Arepa, 167 Bershire Street, Providence, RI LIC#93

DRIVER: Jorge Garcia, 167 Bershire Street, Providence, RI

                 Nohemy T. Rodriguez, 167 Bershire Street, Providence, RI

TO PEDDLE: Food (Hot Sandwiches, corn bread, etc.)

LOCATION:  465 Lonsdale Avenue, Parking Lot, (Lonsdale Liquors) Pawtucket, RI

 

PINBALL & AMUSEMENT DEVICES (Renewal)

 

Four Corners Building Association of Post No. 2339 Veterans of Foreign Wars of the United States Incorporated, 178 Columbus Ave. (ONE) LIC#70050

 

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

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

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

 

SIGN BOARD PERMIT – (Renewals)

 

Fastcash Pawn & Checkcasher Incorporated, 824 Newport Ave. (1) LIC#N0011

Richard L. Rinaldi d/b/a Walt’s Roast Beef, 285 Newport Ave. (1) LIC#N0003

Joseph Saggal d/b/a Broadway Pizza, 511 Broadway, (1) LIC#N0004

 

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

 

PRIVATE DETECTIVE –

 

Mark Brouwer, Surety – National Grange Mutual Insurance Company

 

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

 

John Masse - $287.10

Smithfield Avenue Congregational Church - $8482.31

 

SEWER BACKUP CLAIMS – 6/14/2005 Storm

 

Mary-Beth Bairos - $800.00

Dolores Baker - $993.44/$1643.00

Mary & Maureen Cordoni - $518.99

Sidik Kassam - $1077.72/$1363.03

Inchim MacComasciagh – No Amount Specified – Pending

Andrea Massey - $1980.00

Christine O’Day - $727.76

 

THE CHAIR RECOGNIZES COUNCILOR VITIALI.

 

Councilor Vitali thanks Chris Cute for his patriotic expression by displaying flags on telephone poles in his neighborhood.

 

The Council congratulates Councilor Mary Bray on her appointment to the Public Utilities Commission.

 

Upon motion made by Councilor Clemente, seconded by Councilor Vitali the meeting is adjourned at 8:56 p.m.

July 6, 2005 - Regular City Council Session
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