September 5, 2001 - Regular City Council Session

 

City Council, September 5, 2001

 

 

A regular session of the Pawtucket City Council is held Wednesday, September 5, 2001, at eight five o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Barry, Councilors Bray, Carr, Clemente, Moran, and Wildenhain.

 

Absent – Councilors Grebien, Hodge, and Hoyas.

 

President Barry presides.

 

 

THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.

 

COUNCILOR HODGE AND COUNCILOR GREBIEN ARRIVE AT EIGHT SIX O’CLOCK P.M.

 

THE COUNCIL RECONVENES AT EIGHT TWENTY-TWO O’CLOCK P.M.

 

The reading of the records of August 22, 29, & 30, 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 COUNCIL RECESSES AT EIGHT TWENTY-FIVE O’CLOCK P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

 

AN ORDINANCE IN AMENDMENT OF SECTION 410-47 (A) OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, “SCREENING AND FENCING.”

 

THE COUNCIL RECONVENES AT EIGHT TWENTY SIX O’CLOCK P.M.

 

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

028         A.     Communication from Lincoln D. Caffee, United States Senate, to Janice M. LaPorte, CMC, City Clerk.  (Sewer Overflow)

 

592         B.      Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Department of Transportation Projects)

 

028         C.     Communication from Amy & Ming Cheng, to the Pawtucket City Council.  (Falun Dafa Week)

 

 

3        Communication from Dr. Hans W. Dellith, Superintendent of Schools, to John Barry, President, Pawtucket City Council.  (Laurel Hill Playground) 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 Dr. Hans W. Dellith, Superintendent of Schools, regarding the School Committee’s request for a status report of the Laural Hill Playground property.

 

The Council does not have any information of any plans regarding the Laurel Hill Playground; therefore, they have not taken any action regarding this property.

 

Communication from John Glicksman, Vice President and General Counsel, Adelphia Business Solutions, to Janice M. LaPorte, CMC, City Clerk, requesting permission to place communication cables in streets and public rights-of-way in the City of Pawtucket, is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE, THE CITY PLANNING COMMISSION, AND THE LEGAL DEPARTMENT.

 

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

The Clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement, requesting a status report on the tattoo sign located at the corner of Newport Avenue and Cottage Street.

 

The Council is asking if a decision has been made to move the sign back from its present location, and if this is the case, when will the sign be moved.

 

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

Communication from Judith H. Robbins, Mayor, City of Attleboro, Massachusetts, to John J. Barry, President, Pawtucket City Council.  (Pascale Block Property)

 

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

 

640   Communication from Judith H. Robbins, Mayor, City of Attleboro, Massachusetts, to John J. Barry, President, Pawtucket City Council.  (Pascale Block Property)

 

 

Communication from Joseph A. Keough, Jr., Esq. to Councilman David P. Moran. (M & P Management LP/Sherwood Brands) is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.

 

 

Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, requesting an increase in the elderly exemption on property taxes, is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.

 

 

Communication from Janice M. LaPorte, CMC, Clerk, to the Honorable Members of the Pawtucket City Council, submitting the following appointment, by Council President Barry, as a member of the Pension Board, to fill the unexpired term of David A. Coughlin, pending confirmation from Mayor James E. Doyle:

 

PENSION BOARD

 

589   Arthur M. Plitt, 44 Cooke Street, Pawtucket, RI  02860.  Term expires the first Monday in January, 2002, is READ AND ORDERED FILED.

 

The following nomination submitted by Council President Barry, is APPROVED on a roll call vote as follows, PENDING CONFIRMATION FROM MAYOR JAMES E. DOYLE:

 

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

 

NOES - 0.

 

PENSION BOARD

 

Arthur M. Plitt, 44 Cooke Street, Pawtucket, RI  02860.  Term expires the first Monday in January, 2002.

 

 

Petition for Second Hand Shop License (Class A – Used Vehicles) by Rita D’Angelo d/b/a Cartex Auto Sales Annex, 454 Pawtucket Avenue, Tax Assessor’s Plat 64, Lot 849, to keep a shop for the purpose of purchasing and selling second hand articles specifically: Used Vehicles, LIC# 40272, which was advertised for a hearing at this time, is taken up:

 

Speaking in favor is applicant, Rita D’Angelo, 12 Reatta Drive, Lincoln, RI.

 

Ms. D’Angelo states that she owns another business at 540 Weeden Street.  This annex location at 454 Pawtucket Avenue is to expand her current business with better automobiles. 

 

Ms. D’Angelo states that cars will be placed on the Newton Street side of the property, and the hours of operation will be 8:00 a.m. until 6:00 p.m. Monday through Friday, and 8:00 a.m. until 4:00 p.m. on Saturday.

 

There is another Auto Repair Shop License holder on the premises owned by Ray’s Gulf.  Ray’s Gulf will remain at this location, as well.

 

Councilor Bray states that there have been many problems at the business at 540 Weeden Street and questions if Mr. Muschiano will have any thing to do with this business.

 

Ms. D’Angelo states that she no longer conducts business with Mr. Muschiano, he is not involved in the business at 540 Weeden Street and will not be involved in the business at 454 Pawtucket Avenue.

 

Speaking in opposition is Tammy Ward, 450 Pawtucket Avenue, Pawtucket, RI.

 

Ms. Ward states that she lives across from Ray’s garage and objects to a used car lot at this location because the neighborhood has enough businesses in the area.

 

The next speaker in opposition is Lisa Jones, 446 Pawtucket Avenue, Pawtucket, RI.

 

Ms. Jones states that this business is two houses away from hers.  She objects to this used car lot and agrees with Ms. Ward, there are enough businesses in this area.

 

There are no other speakers.  The hearing is closed.

 

 

THE CHAIR RECOGNIZES COUNCILOR BRAY.

 

Upon motion made by Councilor Bray, seconded by Councilor Grebien, the following petition for license is LAID ON THE TABLE on a unanimous voice vote:

 

Petition for Second Hand Shop License (Class A – Used Vehicles) by Rita D’Angelo d/b/a Cartex Auto Sales Annex, 454 Pawtucket Avenue, Tax Assessor’s Plat 64, Lot 849, to keep a shop for the purpose of purchasing and selling second hand articles specifically: Used Vehicles, LIC# 40272

 

 

THE CHAIR RECOGNIZES COUNCILOR BRAY.

 

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

 

The Clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement, requesting that an inspection be made at 454 Pawtucket Avenue. 

 

The Council is requesting a report of the findings as well as recommendations and/or stipulations regarding the proposed business at this location.

 

A response is requested in time for the September 19, 2001, meeting of the Pawtucket City Council.

 

 

THE CHAIR RECOGNIZES COUNCILOR BRAY.

 

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

 

The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting a report listing how many times police have been dispatched to the Pawtucket Avenue location.

 

588   Communication from Michael D. Cassidy, Secretary, City Planning Commission, to the Honorable City Council.  (Request for a Public Hearing – Comprehensive Plan Land Use Amendment) is READ AND ORDERED FILED.

 

 

THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, OCTOBER 10, 2001, AT 8:00 P.M.:

 

RESOLUTION AMENDING THE COMPREHENSIVE PLAN LAND USE ELEMENT MAP: COLUMBUS AVENUE, RHODE ISLAND AVENUE AND POND STREET.

 

 

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

 

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

 

NOES - 0.

 

7       Ratification of the Memorandum of Agreement between the Pawtucket Water Supply Board and the City of Pawtucket with Council 94 - Local 1012.  (Copy on file in the City Clerk’s Office)

 

 

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

 

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

 

NOES - 0.

 

7       Ratification of the Memorandum of Agreement between the Pawtucket Water Supply Board and the City of Pawtucket with Teamsters Local 64. (Copy on file in the City Clerk’s Office)

 

 

 

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 ENTER INTO AN AGREEMENT TO EXPAND PARMELEE, POIRIER & ASSOCIATES SERVICES, WHICH WILL INCLUDE GASB34 IMPLEMENTATION FOR AN ADDITIONAL COST NOT TO EXCEED $10,000.00.

 

 

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, Hoyas, Moran, and Wildenhain.

 

NOES - 0.

 

588   RESOLUTION AUTHORIZING THE RENTAL AND SUBSEQUENT PURCHASE OF A VOLVO FOUR WHEEL DRIVE FRONT-END LOADER TO BE FUNDED IN THE FY2002 LEASE.

 

 

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

 

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

 

NOES - 0.

 

330   AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2567.

 

 

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 FIXING THE SALARIES OF HEADS OF DEPARTMENTS AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2575.

 

 

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 SECTION 410-47 (A) OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, “SCREENING AND FENCING.”

 

 

The following licenses are APPROVED on a unanimous voice vote:

 

VICTUALLING HOUSE 1st Class -

 

*Boson Associates, Inc. d/b/a Macondo, (Transfer from Macondo, LLC), 242 Middle Street, LIC# 00613

*Denotes Stipulations

 

 

VICTUALLING HOUSE 1st Class -

 

Restaurant Praia, LTD. d/b/a Larry’s Lounge, (Transfer from Blarney Stone Pub, Inc.) 140 Dexter Street, LIC# 00614

 

 

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

 

ENTERTAINMENT –

 

Petition of East Coast Greenway Alliance for a license to conduct a Greenway Challenge Celebration, in Slater Mill Park, Roosevelt Avenue, on Saturday, September 29, 2001, from 12:00 p.m. until 4:00 p.m., LIC# 0077M

 

Petition of the School of St. Leo the Great for a license to conduct a Fund Raiser Chowder and Clam Cake Supper at 697 Central Avenue, (Outside in front of the Rectory) on Saturday, September 15, 2001, from 4:00 p.m. until 8:00 p.m., LIC# 0076M

 

Petition of St. Teresa’s Church for a license to conduct an Italian Night Dinner/Dance in the Church Hall, Newport Avenue, on Saturday, September 29, 2001, from 7:00 p.m. until 11:00 p.m., LIC# 0074M

 

FLEA MARKET (Renewal) –

 

Jean B. Vitali d/b/a A & B Corporation, 360 Broad Street, LIC# J0001

 

PIGEON LOFT (Renewal) –

 

Frank Federighi, 177 Division Street, LIC# D0002

John Quilitzsch, 854 Cottage Street, LIC# D0005

Luis M. Rodrigues, 12 Vale Street, LIC# D0009

Petros Zervas, 27 Harrison Street, LIC# D0008

 

SIGN BOARD PERMIT (Renewal) –

 

Annex Market Gardens, Inc., 113 Power Road, (ONE)  LIC# N0001

 

 

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

 

PAWN BROKER –

 

H & B Associates d/b/a Pawtucket Pawn Brokers, Surety – Western Surety Company

 

PRIVATE DETECTIVE –

 

Richard Macedo, Surety – Western Surety Company

 

 

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

 

MISCELLANEOUS:

 

Edward Collins, by Liberty Mutual Fire Co. - $1,486.26

Frank Gonsalves, by Phoenix Insurance Co. - $13,318.50

David Hemond - $2,392.33/$2,705.02

William McKay, by Atty. Jeffrey D. Sowa – No Amount Specified

 

 

SEWER:

 

Lucille Bourdeau - $2,131.58

William P. Magill - $1,500.00

Gail L. Manchester - $3,320.00

Sean Marchionte - $370.00

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED WITH AN OFFER TO SETTLE IN A SUM NOT TO EXCEED $500.00, ON ROLL CALL VOTE, AS FOLLOWS:

 

This offer to settle shall not be construed as an admission of liability on the part of the city.

 

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

 

NOES - 0.

 

Jose and Maria Aguiar - $1,983.44

Sharlene Almeida - $1,279.31/$1,500.00

Luis and Fatima Alves - $2,626.60/$3,652.20

Luis and Fatima Alves - $2,344.51/$2546.40/$2,644.40

Henry Araujo - $2,224.48

Donna & Dino Bachini - $3,339.08

Charles F. Baker - $575.00

Christopher Bedard - $823.60/$885.00

Deborah Bellows - $820.00

Ronald and Pauline Benjamin - $2,592.43

Steven & Betsy Bourque - $4,211.41

Armand Brunette – $685.05/$800.00

Josephine Byrnes - $125.00/$200.00

Brian & Jill Cabral - $9,500

Scott Cameron – $898.93

Edward Chmielinski - $739.95/$1,234.95

Rosa Couto - $6,754.31/$7,991.89

Linda Curtis - $1,557.11/$2,073.10

Christine M. Daluz - $352.54/$1,009.78

Laura Dark - $1,604.64/$4,918.46

Henry L. Drouin - $4775.73

Sharon Ellis - $1,545.00/$2050.00

John A. Fram - $2,791.17/$3,128.00

Marie A. Gallagher – @ $2,500.00

Helen F. Gorman - $1,800.00/$2,000.00

Alden Graff - $159.99

Leon & Lorriane Hakeem - $1,627.18/$3,002.00

George D. Henderson - $9,950.14

Ann Marie Heron – $27,517.93

James Hill - $826.57

Walter Jasionowski – $536.94

Mohamed & Lisa Koulibaly - $886.73/$1,302.82/$1,502.82

Raymond A. Lamarre - $250.00/$620.00

Keith & Eva LeBeau - $17,966.61/$18,519.54/$19,568.69

Kevin J. Loiselle - $518.01

Roland F. Marcoux - $4,318.49/$5,818.50

Kelley Mardo - $2,205.01

Christopher Melia - $726.18/$2,500.00

Thomas & Dorothy Mellen - $266.72/$866.72

Donna Miller - $375.00

Jason and Tammi Miller - $624.84

Ken Moreau - $2,860.39/$5,500.00

David & Tracy Moura - $3,561.42/$3,701.42

Timothy E. Mulligan, Jr. - $673.50

Laura Nadler - $3,500.00/$4,039.73/$4,989.73

Vicki Neville - $2,318.53/$2,636.67

Walter Needham - $2,135.00

Philip I. Norman - $665.00/$3,665.00

Elizabeth Ortiz - $952.00/$948.00

Viral Patel – $7,749.57/$11,808.93

Gale Pearce - $1785.36

Jose F. Pereira - $3,252.90

Karen Prinzo - $3,590.52/$4,616.54

Elizabeth Roberge - $1,246.00/$2,197.03

Carolyn Rounds - $500.00

Kenneth Roy – $550.00/$557.76

David Sharkey - $5,943.17/$6,029.91

Manuel E. Silva - $2,512.38

Cheryl Smith – $250.00 Deducible

Clarence R. Snead, Jr. - $1,375.00/$1,650.00/$2,600.00

Gilbert Tavares, Jr. - $1,109.76/$1,134.00/$1,863.94

Peter Turgeon – $2,200.00/$3,105.76

Jamie Turmel - $4,582.90

Sandy Winters - $1,775.00

 

 

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

 

Delores Baker – No Amount Specified/Pending Estimates

George Banna – No Amount Specified/Pending Estimates

Robert J. Brown, II – $3,002.23/$5,279.99

Carol A. Byrnes – No Amount Specified/Pending Estimates

Gail A. DeRoy – No Amount Specified/Pending Estimates

Gina Dias/ David Lemoie – $4,875.00/Pending Estimates

Jason Johnson – $3,200.00/Pending Estimates

Paul Lusignan – $500.00/Pending Estimates

Anne M. Mooney – $4,000.00/Pending Estimates

Ann R. Ogden – No Amount Specified/Pending Estimates

Renato Oliveira – No Amount Specified/Pending Estimates

Constant S. Poholek – $4,800.00/Pending Estimates

Constant S. Poholek - $5,000.00/Pending Estimates

Vic Rodrigues – $2,000.00/Pending Estimates

Robert Romanoff – No Amount Specified/Pending Estimates

George Shabo – $1,100.00/Pending Estimates

Slater Dye Works, Inc. by Atty. Daniel V. McKinnon – No Amount Specified/Pending Estimates

Faina Simkin – $1,000.00/Pending Estimates

 

 

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.

 

Joe Filipe - $9.92

 

 

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.

 

Robert N. Forest - $1,607.00

 

 

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.

 

Diane Gaj - $218.03

 

 

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.

 

Todd McCann by Allstate Insurance - $1,631.63

 

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT:

 

Marjorie D. Beaubien, by Atty. Robert J. Levine – No Amount Specified

Romuald W. Maher, Jr. - $1,548.47/$3,554.10

Rita & Mike Scambio – No Amount Specified

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED:

 

Donna Peterson - $1,118.13/$2,395.35/$1,600.00

 

 

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

 

 

September 5, 2001 - Regular City Council Session
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