February 7, 2001 - Regular City Council Session

City Council, February 7, 2001

A regular session of the Pawtucket City Council is held Wednesday, February 7, 2001, at eight twenty 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 reading of the records of January 24, 2001, 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:

614 A. Communication from John E. Carney, Director of Public Works, to the Pawtucket City Council. (Requesting permission to appear before the Council to discuss a proposal to take over the operations at the Transfer Station from BFI Industries)

641 B. Communication from John E. Carney, Director of Public Works, to Paul Pion, Supervisor of Parks/Daggett Farm. (Daggett Farm)

028 C. Communication form Pawsox Baseball Club, to the Pawtucket City Council. (2001 PawSox Hot Stove League Party)

1 D. Communicaiton from Judge Gerard R. Laliberte, Pawtucket Municipal Court, to Council President John Barry, III, Pawtucket City Council. (Appointment of Rae Condon as Associate Judge of the Pawtucket Municipal Housing and Police Court)

126 E. Minutes of the Pawtucket Parks Commission meeting held January 2, 2001.

595 F. Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency, to the Honorable Pawtucket City Council. (Notice of Approval of Residential Rehabilitation Loans)

624 G. Communication from Joseph Roque, Purchasing Agent, to the Honorable City Council. (Emergency Purchase Authorizations/October, November, December)

624 H. Communication from Joseph Roque, Purchasing Agent, to John J. Barry, President Pawtucket City Council. (Notice of Surplus Equipment for Sale)

028 I. Communication from Rich Kerbel, Town Manager, Town of North Kingstown, to Mayor James E. Doyle. (Invitation to discuss the proposed Quonset Point Container Port)

028 Communication from Dawn M. McCormick, Registrar, Board of Canvassers & Registrations, to John J. Barry, III, Council President. (Redistricting of Council Lines) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

The Clerk is instructed to send a communication to Dawn M. McCormick, Registrar, Board of Canvassers & Registrations, requesting that she include the fees anticipated for the redistricting of Council Lines in her budget for Fiscal Year 2001-2002.

PRESIDENT BARRY APPOINTS THE FOLLOWING COMMITTEE:

REDISTRICTING COMMITTEE –

Councilor Hodge, Chair

Councilor Hoyas

Council President Barry

Ordinance from the City of Warwick regarding the installation of panic button alarm systems in business establishments operating between 1:30 a.m. and 5:00 a.m., is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE.

Ordinance regarding the Presumption of Disability, is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE.

Communication from Paul C. Cabral, 10 Carver Street, to the Honorable City Council of Pawtucket. (Property Relief – 10 Carver Street) is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.

Communication from Joseph A. Keough, Jr., Keough & Sweeney, LTD., to City Council President John Barry, III, and the Honorable Council Members. (Barton Street) is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

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

Communication from Bill Mulholland, Superintendent of Parks and Recreation, to Councilor Donald Grebien. (Rescinding his request to the City Property Committee regarding Daggett Farm)

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

641 Communication from Bill Mulholland, Superintendent of Parks and Recreation, to Councilor Donald Grebien. (Rescinding his request to the City Property Committee regarding Daggett Farm)

609 Communication from Clifford Higgins, Manager – Right of Way, Utility Consultants, Inc. to Janice M. LaPorte, CMC, City Clerk. (Petition for NEES Communications to lay and maintain 92 feet of 1 – 4” conduit and one 3 X 3 X 3 manhole under High Street at 85 High Street) is READ AND ORDERED FILED, and is APPROVED, PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

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

The Clerk is instructed to send a communication to Fernando Goulart, State Adjutant General, American Legion, Veterans Affairs, requesting information regarding starting a program in Rhode Island, such as they started in the State of Nebraska called “Operation Recognition” that gives diplomas to World War II Veterans.

THE FOLLOWING IS TAKEN UP:

Request for Proposals for Capital Improvements, Operations and Maintenance for the Water Treatment Plan. (Previously distributed on January 10, 2001)

THE CHAIR RECOGNIZES COUNCILOR MORAN.

With majority consent of the Council, Councilor Moran introduces the following amendments:

Amendments for the Finalized RFP for Water Treatment Plant DBO.

Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following amendments are PASSED on a unanimous voice vote:

7 Amendments for the Finalized RFP for Water Treatment Plant DBO.

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

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

NOES - 0.

7 Request for Proposals for Capital Improvements, Operations and Maintenance for the Water Treatment Plan. (Previously distributed on January 10, 2001)

THE FOLLOWING RESOLUTION IS TAKEN UP:

RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO TRANSFER SUFFICIENT FUNDS INTO THE “YOUTH SPORTS LEAGUE FUND” DURING FY01 TO ENSURE THAT THE VARIOUS YOUTH SPORTS TEAMS IN THE CITY OF PAWTUCKET RECEIVE THEIR $500 STIPEND THIS YEAR NOT TO EXCEED $5000.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

With majority consent of the Council, Councilor Hodge introduces the following amendment to the resolution entitled “Resolution Authorizing the Director of Finance to Transfer Sufficient Funds into the “Youth Sports League Fund” During FY01 to ensure that the Various Youth Sports Teams in the City of Pawtucket Receive their $500 Stipend this Year not to Exceed $5000”

Add to the 4^th Whereas:

Mayor Doyle and the Pawtucket City Council…

Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the following amendment to the resolution entitled “Resolution Authorizing the Director of Finance to Transfer Sufficient Funds into the “Youth Sports League Fund” During FY01 to ensure that the Various Youth Sports Teams in the City of Pawtucket Receive their $500 Stipend this Year not to Exceed $5000” is PASSED on a unanimous voice vote:

Add to the 4^th Whereas:

Mayor Doyle and the Pawtucket City Council…

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.

588 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO TRANSFER SUFFICIENT FUNDS INTO THE “YOUTH SPORTS LEAGUE FUND” DURING FY01 TO ENSURE THAT THE VARIOUS YOUTH SPORTS TEAMS IN THE CITY OF PAWTUCKET RECEIVE THEIR $500 STIPEND THIS YEAR NOT TO EXCEED $5000.

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 2567 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” AS AMENDED. (Eliminate: Principal Planner; Upgrade: Weekend Watch/Ice Control Person; Add: Water Engineering Project Manager; Add: Water Board Engineering Intern)

THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD JANUARY 10 & 24, 2001, AND IS AGAIN LAID ON THE TABLE:

AUTO REPAIR SHOP –

Tina Baptista d/b/a M & M Auto, 3 Dix Avenue, LIC#30255

STIPULATIONS PER ZONING BOARD OF APPEALS – 12/5/2000:

1. No auto body work.

2. No outside vehicle storage.

3. No parking by the railroad tracks either on road or on dirt sidewalk.

4. No auto parts stored outside.

5. No outside dumpster.

6. No unregistered autos parked outside.

7. No speeding, racing or testing of vehicles in the area.

8. Work shall be performed only between the hours of 8 a.m. and 7 p.m., Monday through Saturday.

9. All repair work shall be inside, there will be no repairs of vehicles outside in the street or sidewalk.

The following license is APPROVED on a unanimous voice vote:

VICTUALLING HOUSE 1^st Class –

*Cantinho Bar & Grille, Inc., (Transfer from Lucien Pine d/b/a Lucien’s) 82 Pawtucket Ave. LIC# 00588

*denotes stipulation placed on liquor license.

*The following Licenses are APPROVED on a unanimous voice vote:

ENTERTAINMENT –

Petition of Sacred Heart Church for a license to conduct a Valentine’s Dance, at 38 Park Street, on Saturday, February 10, 2001, from 6 p.m. until 11 p.m. LIC# 1435M

PEDDLER LICENSES (RENEWALS) –

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

TO PEDDLE: Ice Cream

DRIVER: Alan Clark

LOCATION: All of Pawtucket

Mustafa Lynch, 228 Cranston Street, Providence, RI LIC# 11

TO PEDDLE: Stuffed Animals, Toys & Gifts

DRIVER: Mustafa Lynch

LOCATION: All of Pawtucket

POOL TABLE (RENEWALS) –

Teodoro & Benvindo Depina d/b/a E. A. Tavern, 4 Grace St. (2) Weekdays & Sundays LIC#G0057

G & D LLC d/b/a News Café, 43 Broad St. (1) Weekdays & Sundays LIC#G0052

Greek Island Inc., d/b/a George’s Neighborhood Grill & Bar, 109 Newport Ave. (2) Weekdays & Sundays LIC#G0036

J.A.R. Beverage Inc., d/b/a Murray’s Pub, 1091 Main St. (1) Weekdays & Sundays LIC#G0033

The Sports Zone Inc. d/b/a Pit Bar & Grill, 602 Smithfield Ave. (1) Weekdays & Sundays LIC#G0055

2^nd Ward Independent Club, 409 Cottage St. (1) Weekdays & Sundays LIC#G0023

SUNDAY SALES 1^st Class NEW –

Anthony Leo-Mensah d/b/a Miimi & LM Mini Market, Inc., 286 East Ave. LIC#20395

SUNDAY SALES 1^st Class –

Juan Luis Tavera d/b/a Dominican-Supermarket, (Transfer from Manuel R. Vasquez d/b/a Dominican Super Market) 339 Weeden St. LIC#20394

VICTUALLING HOUSE 1^st Class –

Anthony Leo-Mensah d/b/a Miimi & LM Mini Market, Inc., (transfer from Jose Ponceano d/b/a Ponceano’s Deli Mart) 286 East Ave. LIC#00590

Juan Luis Tavera d/ba/ Dominican-Supermarket, (Transfer from Manuel R. Varsquez d/b/a Dominican Super Market) 339 Weeden St. LIC#00589

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

Christine Chito - $309.44/405.72

City of Central Falls, by Atty. J. William W. Harsch – No Amount Specified

Joseph Cunha - $109.10

Esther Lane – $500,000.00

Sandra McDole – 260.81

Dennis Quinn - $111.00

Michele M. Rossi - $319.03

Helena C. Silva - $151.30

Singer Store - $415.94

Victor M. Wispe - $303.93

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Charles J. Chatfield, IV - $300.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Omer Dike - $290.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Nicholas and Constantina Gerogitsis - $544.93

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Albertino Lourenco $1319.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Michael J. McGinn $135.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Linda Teixeira $1258.98

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED – CLAIMANT TO CONTACT VALLEY RESOURCES, INC. ON A UNANIMOUS VOICE VOTE:

Janeth Bejarano - $198.19/$221.78

Amelia R. Gregoire - $343.19

Ruth Soufan - $75.87/$91.91

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT THE PAWTUCKET SCHOOL DEPARTMENT ON A UNANIMOUS VOICE VOTE:

Shirley C. Kaszyk - $150.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON A UNANIMOUS VOICE VOTE:

Edward F. Charland, by Atty. Jeffrey D. Sowa - No Amount Specified

Mary L. Franklin, by Atty. Robert J. Ameen - $100,000.00

Axel Kulian, by Atty. V. Edward Formisano - $300,000.00

Leah M. Scalzo, by MetLife Auto & Home Insurance - $900.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

Chirico Construction Co., Inc., by M.C. Caldarone & Associates - $642.10

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

Communication from Margaret M. Lynch, City Solicitor, to the Pawtucket City Council. (Pawtucket Water Supply Board – Hydrant Fees)

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

588 Communication from Margaret M. Lynch, City Solicitor, to the Pawtucket City Council. (Pawtucket Water Supply Board – Hydrant Fees)

Upon motion made by Councilor Bray, seconded by Councilor Grebien, the meeting is adjourned at nine o’clock p.m.