City Council, February 6, 2002
A regular session of the Pawtucket City Council is held Wednesday, February 6, 2002, at eight o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
Absent – Councilors Bray and Moran
President Barry presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT THE FOLLOWING PUBLIC HEARINGS:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps) – Historic District List
AN ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps) – New England Linen Supply
THE COUNCIL RECONVENES AT EIGHT TWENTY O’CLOCK P.M.
The reading of the records of January 22, 23, and 30, 2002, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
Communication from Denise Panichas, Interim Executive Director, The Samaritans, to John Barry, City Council President, requesting a $500 municipal grant, 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, submitting the following appointment as a member of the Historic District Commission, FOR CONFIRMATION:
HISTORIC DISTRICT COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
HISTORIC DISTRICT COMMISSION
Carol A. Jackson, 8 Blodgett Avenue, Pawtucket, RI 02861. Term expires the first Monday in February, 2005.
THE FOLLOWING AMENDMENTS TO THE FOLLOWING RESOLUTION WHICH WAS SUBMITTED BY THE ORDINANCE COMMITTEE AND LAID ON THE TABLE AT THE MEETING HELD JANUARY 23, 2002, IS AGAIN TAKEN UP AND IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION ADOPTING PROCEDURES FOR THE REMOVAL OF NON-OPERATIONAL VEHICLES ON PRIVATE PROPERTY.
Change Section 14 to read as follows:
14. THE FINANCE DEPARTMENT WILL DRAW CHECKS FOR PAYMENT FROM THE APPROPRIATE LINE ITEM OF THE DIVISION OF ZONING BUDGET AND FORWARD PAYMENT TO THE TOW COMPANY (COST OF TOW - $63.00 ESTABLISHED TOW RATE APPROVED BY THE PUBLIC UTILITIES COMMISSION PLUS REIMBURSEMENT FOR CERTIFIED MAIL COSTS.)
THE FOLLOWING RESOLUTION WHICH WAS RETURNED BY THE ORDINANCE COMMITTEE AND LAID ON THE TABLE AT THE MEETING HELD JANUARY 23, 2002, IS AGAIN TAKEN UP AND IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
RESOLUTION ADOPTING PROCEDURES FOR THE REMOVAL OF NON-OPERATIONAL VEHICLES ON PRIVATE PROPERTY, AS AMENDED.
THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MEETING HELD JANUARY 23, 2002, AND IS AGAIN TAKEN UP:
RESOLUTION AUTHORIZING AN AMENDMENT TO THE CITY CHARTER TO BE PLACED ON THE NOVEMBER 5, 2002, BALLOT CHANGING SECTION 2-103 ENTITLED “COUNCILMANIC DISTRICTS.” (Total Population)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the following resolution is referred back to the Ad Hoc redistricting committee until the special election on March 26, 2002:
RESOLUTION AUTHORIZING AN AMENDMENT TO THE CITY CHARTER TO BE PLACED ON THE NOVEMBER 5, 2002, BALLOT CHANGING SECTION 2-103 ENTITLED “COUNCILMANIC DISTRICTS.” (Total Population)
The following resolution is TAKEN UP:
RESOLUTION CALLING A SPECIAL ELECTION ON MARCH 26, 2002, PLACING AN AMENDMENT TO THE CITY CHARTER ON THE BALLOT CHANGING SECTION 2-103 ENTITLED “COUNCILMANIC DISTRICTS.” (Total Population)
THE CHAIR RECOGNIZES COUNCILOR CARR.
Upon motion made by Councilor Carr, seconded by Councilor Grebien, the following resolution is amended to delete all references of “one person – one vote” on a roll call vote, as follows:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
RESOLUTION CALLING A SPECIAL ELECTION ON MARCH 26, 2002, PLACING AN AMENDMENT TO THE CITY CHARTER ON THE BALLOT CHANGING SECTION 2-103 ENTITLED “COUNCILMANIC DISTRICTS.” (Total Population)
The following resolution is read and PASSED AS AMENDED on a roll call vote as follows:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following communication:
Communication from Commander Stephen P. Ormerod to The Honorable Pawtucket City Council. (Walnut Hill Cemetery)
Upon motion made by Councilor Grebien, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED AND REFERRED TO THE DIRECTOR OF ZONING AND CODE ENFORCEMENT AND THE CEMETERY COMMITTEE.
1 Communication from Commander Stephen P. Ormerod to The Honorable Pawtucket City Council. (Walnut Hill Cemetery)
The following resolution is read and PASSED on a roll call vote as follows:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
The following ordinance is read for the second time and PASSED on a roll call vote as follows:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 59-28 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “CITY’S CONTRIBUTION TO THE POLICE AND FIRE PENSION FUND.”
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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2619 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET.” (Upgrade: Senior Services Secretary from R19 to R27; Upgrade: Account Clerk II from R23 to R25)
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 Barry, Councilors Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES – Councilor Carr.
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way Stop Signs – Ashburne Street and Ferris Street)
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 Barry, Councilors Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES – Councilor Carr.
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way Stop Signs – Gilmore Street and Liberty Street)
THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way Stop Signs – Lincoln Avenue and Ridgewood Street)
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
Upon motion made by Councilor Hoyas, seconded by Councilor Grebien the following ordinance is AMENDED to change 4-Way Stop Sign to 3-Way Stop Sign on a roll call vote as follows:
AYES - President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way 3-Way Stop Signs – Lincoln Avenue and Ridgewood Street)
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AS AMENDED AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES - President Barry, Councilors Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES – Councilor Carr.
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way 3-Way Stop Signs – Lincoln Avenue and Ridgewood Street) AS AMENDED.
UPON RECOMMENDATION OF THE ANIMAL CONTROL COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF SECTION 116-25 (C) OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (Dogs and other animals – nuisance abatement)
THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD JANUARY 23, 2002, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles and Parts) by Genaro M. Gomez and Maximo Campos d/b/a Car Master Auto Sales, 65 Patterson Avenue, Tax Assessors Plat 57, Lot 531, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC# 30268 & 40279
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Sacred Heart Church for a license to conduct a Valentine Dance at 38 Park Street on Saturday, February 9, 2002, from 6:00 p.m. until 12 Midnight, LIC# 0093M
Petition of Cape Verdean Association of Community Development for a license to conduct a Fundraiser at 120 High Street on Saturday, February 23, 2002, from 8:00 p.m. until 1:00 a.m., LIC# 0096M
PEDDLER Renewals –
Mustafa Lynch, 228 Cranston Street, Providence, RI, LIC# 11
DRIVER: Mustafa Lynch
TO PEDDLE: Pictures, Toys, Etc…
LOCATION: All of Pawtucket
William Frank d/b/a Candi Plus, Inc., 53 Lafayette Street, LIC# 14
DRIVERS: William Frank, 53 Lafayette Street, Pawtucket, RI
Randi Frank, 53 Lafayette Street, Pawtucket, RI
Dennis M. Bryan, 1137 Narragansett Parkway, Pawtucket, RI.
David White, 399 Stetson Street, Fall River, MA
TO PEDDLE: Balloons & Novelties
LOCATION: All of Pawtucket
POOL TABLE Renewal –
Second Ward Independent Club, 409 Cottage Street, (1 – Weekdays & Sundays) LIC# G0023
PUBLIC LAUNDRY New –
Manisha Chowdhary d/b/a R & M Laundromat, (Previously George Souza d/b/a G & M Laundromat) 530 Broadway, LIC# A0070
SUNDAY SALES –
Mohammad Sari d/b/a A & G Convenience & Deli, (Previously Agha N. Khan d/b/a Pakland Farms) 248 West Avenue, LIC# 20412
Margaret Verkay d/b/a Extreme Donuts, (Previously Newport Avenue Donuts, Inc. Satellite) 188 Main Street, Unit 2, LIC# 20411
VICTUALLING HOUSE 1st Class –
Mohammad Sari d/b/a A & G Convenience & Deli, (Previously Agha N. Khan d/b/a Pakland Farms) 248 West Avenue, LIC# 00627
Margaret Verkay d/b/a Extreme Donuts, (Previously Newport Avenue Donuts, Inc. Satellite) 188 Main Street, Unit 2, LIC# 00626
VICTUALLING HOUSE 1st Class NEW –
Spring House Restaurant Corporation d/b/a Spring House Restaurant, 178 Mineral Spring Avenue, LIC# 00625
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Michael & Antonio Coelho – No Amount Specified
Carlos & Kim Fonseca – No Amount Specified/Pending Estimates
James & Debora Lepore, by Pawtucket Mutual Insurance Co. – No Amount Specified
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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Scott Bergeron - $757.56
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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Mary A. Bush - $170.77
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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Diane C. Harris - $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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Blanca Londono - $499.00
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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Gary Sebastiao - $136.52
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFEREED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Carmen Ducharme, by Atty. Robert J. Levine, Esq. – No Amount Specified
Paula Gobern - $4,593.59
Frank Gonsalves , by Atty. Christopher J. O’Conner – No Amount Specified
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:
Deloris Dempsey, by Atty. Mark B. Morse - $100,000.00
David Sirois - $240.00
Benjamin L. Wilson, by Atty. Michael F. Drywa, Jr. - $200,000.00
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:
Patricia Prusha on behalf of Samantha Prusha, by Atty. Thomas W. Pearlman - $25,000.00
Robert W. Sawyer - $720.00 + Hospital Costs – Medical Expenses: 197.00
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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.
NOES - 0.
Myrtle A. Bachini – $718.48
Upon motion made by Councilor Grebien, seconded by Councilor Wildenhain, the meeting is adjourned at eight forty-three o’clock p.m.