August 6, 2003 - Regular City Council Session

 

City Council, August 6, 2003

 

A regular session of the Pawtucket City Council is held Wednesday, August 6, 2003, at 7:16 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – 0.

 

President Barry presides.

 

The reading of the records of July 23, 2003, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

638      A.  Communication from Richard J. Goldstein, Government Affairs, to the Honorable Members of the Pawtucket City Council.  (Legislative Report)

 

028      B.  Communication from Mary E. Morgan, Acting Town Clerk, Town of Richmond, to Janice M. LaPorte, CMC, City Clerk.  (H-6388 & S-1058 relating to alcoholic beverages – retail licenses)

 

15        C.  Communication from Councilor Donald R. Grebien, Chair, City Property Committee, to All Members of the Pawtucket City Council.  (Lighting Fixtures at the Library)

 

028      D.  Notice for Solicitation of Proposals from John O’Brien, Department of Environmental Management.  (Announcement of Funding Availability Under the National Boating Infrastructure Grant Program) 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 Hodge, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Michael D. Cassidy, Director, Planning and Redevelopment, asking if he is intending to solicit funding under the National Boating Infrastructure Grant Program, as outlined in the above communication.

 

THE COUNCIL RECESSES AT 7:20 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

 

RESOLUTION AUTHORIZING AND APPROVING THE CITY OF PAWTUCKET TO ENTER INTO A TEN (10) YEAR REAL ESTATE TAX STABILIZATION AGREEMENT WITH BLACKSTONE EXCHANGE, LLC, FOR THE REAL ESTATE LOCATED AT TEN EXCHANGE COURT. (Plat 22, Lot 327 – formerly lots 319 & 320)

 

THE COUNCIL RECONVENES AT 8:06 P.M.

 

017      Communication from Ronald L. Wunschel, Director of Finance, to John Barry, President, Pawtucket City Council.  (Audit Proposal for FY05) is READ AND ORDERED FILED and is REFERRED TO THE FINANCE COMMITTEE.

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

Petition of home owners on Littlefield Street requesting a one-way street.

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED, and is REFERRED TO THE PUBLIC WORKS COMMITTEE, THE PUBLIC SAFETY DIRECTOR, THE PLANNING COMMISSION AND THE TRAFFIC ENGINEER:

 

Petition of home owners on Littlefield Street requesting a one-way street.

 

609      Communication from Edward Paluch, PE Supervisor, Project Engineering, Narragansett Electric, to the Pawtucket City Council, requesting permission to install sidewalk anchor on Perrin Avenue, is READ AND ORDERED FILED and is APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

 

Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to the Honorable Members of the Pawtucket City Council, requesting a Show Cause Hearing for the following license:

 

TAVERN 2nd Class –

 

Leo Choiniere, 85 Montgomery Street, LIC# 00228, is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

Upon motion made by Councilor Clemente, seconded by Councilor Bray, the Clerk is instructed to schedule a FORMAL HEARING for Wednesday, September 10, 2003, at 7:00 p.m., on the following license:

 

TAVERN 2nd Class –

 

Leo Choiniere, 85 Montgomery Street, LIC# 00228

 

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 Public Library Trustees, FOR CONFIRMATION:

 

PUBLIC LIBRARY TRUSTEES

 

589      Mary Ellen Siniak, 150 Liberty Street, Pawtucket, RI  02861. (To fill the unexpired term of William Munzert – Resigned)  Term Expires the first Monday in January, 2004, 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 Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

 

PUBLIC LIBRARY TRUSTEES

 

Mary Ellen Siniak, 150 Liberty Street, Pawtucket, RI  02861. (To fill the unexpired term of William Munzert – Resigned)  Term Expires the first Monday in January, 2004.

 

THE FOLLOWING RESOLUTION IS TAKEN UP:

 

RESOLUTION DESIGNATING _________________ AS THE PREFERRED DEVELOPER FOR THE DIVISION STREET PROPERTY DEVELOPMENT.

 

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

 

Upon motion made by Councilor Grebien, seconded by Councilor Hodge, THE ENTIRE RESOLUTION, AS POSTED, IS DELETED AND THE FOLLOWING RESOLUTION IS INTRODUCED FOR CONSIDERATION:

 

RESOLUTION DESIGNATING MANHATTAN HOTEL DEVELOPMENT LLC & CARPIONATO PROPERTIES, INC. AS THE PREFERRED DEVELOPER FOR THE DIVISION STREET PROPERTY DEVELOPMENT.

 

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 Bray, Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

 

NOES – Councilor Moran.

 

588 & 644       RESOLUTION DESIGNATING MANHATTAN HOTEL DEVELOPMENT LLC & CARPIONATO PROPERTIES, INC. AS THE PREFERRED DEVELOPER FOR THE DIVISION STREET PROPERTY DEVELOPMENT.

 

592      Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Request for a Public Hearing – Comprehensive Plan) is READ AND ORDERED FILED.

 

THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, SEPTEMBER 10, 2003, AT 7:00 P.M., ON A UNANIMOUS VOICE VOTE:

 

RESOLUTION ADOPTING THE 2003 COMPREHENSIVE PLAN FOR THE CITY OF PAWTUCKET AND REPLACING THE 1995 COMPREHENSIVE PLAN IN ITS ENTIRETY.

 

THE FOLLOWING RESOLUTION IS TAKEN UP:

 

RESOLUTION AUTHORIZING AND APPROVING THE CITY OF PAWTUCKET TO ENTER INTO A TEN (10) YEAR REAL ESTATE TAX STABILIZATION AGREEMENT WITH BLACKSTONE EXCHANGE, LLC, FOR THE REAL ESTATE LOCATED AT TEN EXCHANGE COURT. (Plat 22, Lot 327 – formerly lots 319 & 320)

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following resolution is REFERRED BACK TO THE FINANCE COMMITTEE on a unanimous voice vote:

 

RESOLUTION AUTHORIZING AND APPROVING THE CITY OF PAWTUCKET TO ENTER INTO A TEN (10) YEAR REAL ESTATE TAX STABILIZATION AGREEMENT WITH BLACKSTONE EXCHANGE, LLC, FOR THE REAL ESTATE LOCATED AT TEN EXCHANGE COURT. (Plat 22, Lot 327 – formerly lots 319 & 320)

 

PRESIDENT BARRY REQUESTS THE FINANCE COMMITTEE TO SUBMIT THEIR RECOMMENDATION IS TIME FOR THE FIRST MEETING IN SEPTEMBER.

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING AMENDMENTS TO THE ORDINANCE ENTITLED “AN ORDINANCE AMENDING SECTION 347-14 (H) OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “REFUSE COLLECTION RULES”  (Pickup Fees- Metal Items Containing Freon)” ARE PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Add:     equal to the cost                      

 

Delete:  of Fifteen Dollars ($15.00)

 

Add:     The Director of Public Works shall notify the City Council, through the City Clerk, of any increase in fees.

 

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 Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE AMENDING SECTION 347-14 (H) OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “REFUSE COLLECTION RULES”  (Pickup Fees- Metal Items Containing Freon) AS AMENDED.

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

Information on fees paid to the Eisenhardt Group.

 

Information from JoAnn McIntyre regarding Mary Tetzner, Chair, Pawtucket Water Supply Board’s new address.

 

Communication from Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, to Janice M. LaPorte, CMC, City Clerk.  (Summary of Expenses paid to the Eisenhardt Group)

 

Communication from Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, to Janice M. LaPorte, CMC, City Clerk. (Eisenhardt Group Expenses for the DBO Treatment Facilities Procurement)

 

Upon motion made by Councilor Hodge, seconded by Councilor Hoyas, the following documents are READ AND ORDERED FILED:

 

7          Information on fees paid to the Eisenhardt Group.

 

7          Information from JoAnn McIntyre regarding Mary Tetzner, Chair, Pawtucket Water Supply Board’s new address.

 

7          Communication from Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, to Janice M. LaPorte, CMC, City Clerk.  (Summary of Expenses paid to the Eisenhardt Group)

 

7          Communication from Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, to Janice M. LaPorte, CMC, City Clerk. (Eisenhardt Group Expenses for the DBO Treatment Facilities Procurement)

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 302 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “PEDDLING AND SOLICITING” SPECIFICALLY SECTION 302-17, “TERRITORIAL LIMITS.” (Ice Cream & Lemonade Vendors)

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ALCOHOLIC BEVERAGES.” (Establishing Fees for Liquor Licenses)

 

623      Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Amendment to Pay Plan Ordinance Chapter 2652 – Reclassification of NCIC Validation Person from R31 to R37) is READ AND ORDERED FILED


THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE, ON A UNANIMOUS VOICE VOTE:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET.  (Reclassification of NCIC Validation Person from R31 to R37)

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

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

 

Communication from Councilor David Clemente, to Mayor James E. Doyle.  (Water Treatment Plant Facility)

 

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

 

591 & 7           Communication from Councilor David Clemente, to Mayor James E. Doyle.  (Water Treatment Plant Facility)

 

Communication from Moh’d Eid, d/b/a Bahra’s Market, 232 Columbus Avenue, to the Pawtucket City Council, requesting permission to change his business name from Bahra’s Market to Columbus Mini Mart, is LAID ON THE TABLE on a unanimous voice vote.

 

THE CHAIR RECOGNIZES COUNCILOR HOYAS.

 

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

 

The Clerk is instructed to send a communication to Moh’d Eid d/b/a Bahra’s Market, 232 Columbus Avenue, requesting him to move the clothing bins away from the neighbors property line.

 

THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

VICTUALLING HOUSE 1st Class (New) –

 

Toti’s Pizza Palace, Inc. (Transfer from Toti’s Pizza and Restaurant, Inc.) 622 Central Avenue, LIC# 00675

 

THE FOLLOWING LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

VICTUALLING HOUSE 1st Class (New) –

 

Solo Atn, Inc. d/b/a Pilon Bar & Grill (Transfer from Deb’s Place, Inc.) 617 Prospect Street, LIC# 00673

 

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

 

ENTERTAINMENT –

 

Petition of St. George Maronite Catholic Church for a license to conduct a Lebanese Heritage Festival 2003 in the Church Parking Lot, 50 Main Street (Rear Apex), on Saturday, August 23, 2003, from 12:00 p.m. until 11:00 p.m., and on Sunday, August 24, 2003, from 11:00 a.m. until 6:00 p.m., LIC# 0257M

 

Petition of Church of the Assumption for a license to conduct an Annual Church Festival, on the church grounds, 97 Walcott Street, on Friday, August 15, 2003, from 5:00 p.m. until 12:00 a.m.; Saturday, August 16, 2003, from 12:00 p.m. until 12:00 a.m.; and on Sunday, August 17, 2003, from 12:00 p.m. until 12:00 a.m., LIC# 0256M

 

PEDDLER (New) –

 

William J. Ricci, 40 Nottingham Drive, Hope, RI, LIC# 79

TO PEDDLE:  Food

DRIVER: William J. Ricci, 40 Nottingham Drive, Hope RI

LOCATION:  All of Pawtucket

 

PRIVATE DETECTIVE (Renewal) –

 

Daniel A. Silveira, 29 Dunnell Lane, LIC# 90176

 

SIGN BOARD PERMIT (Renewals) –

 

A-1 Copier, Inc. 76 East Street (ONE), LIC# N0007

Michael Bozek d/b/a Michael’s Boulevard Meats, 627 Armistice Boulevard (ONE), LIC# N0005

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

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

 

SUNDAY SALES 1st Class (New)

 

Armando and Son’s Meat Market, Inc. d/b/a Armando and Son’s Meat Market, 265 Pine Street, LIC# 20455

 

Underground Heroes, Inc. d/b/a Subway, 675 Beverage Hill Avenue, LIC# 20456

 

VICTUALLING HOUSE 1st Class (New)

 

Armando and Son’s Meat Market, Inc. d/b/a Armando and Son’s Meat Market, 265 Pine Street, LIC# 00677

 

Underground Heroes, Inc. d/b/a Subway, 675 Beverage Hill Avenue, LIC# 00678

 

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

 

PRIVATE DETECTIVE –

 

Daniel A. Silveira, Surety – Western Surety Company

 

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

 

Francis Flanagan - $420.20/$416.54

Antonio R. Silva, by Atty. James A. Murray, Esq. – $100,000.00

Emilio Taylor, by Daniel McKinnon, Esq. - $250,00.00

 

COUNCILOR MORAN LEAVES THE CHAMBER AT 9:00 P.M.

 

COUNCILOR WILDENHAIN LEAVES THE CHAMBER AT 9:00 P.M.

 

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, and Hoyas.

 

NOES - 0.

 

Wanda Gonzalez, by Atty. Thomas F. Ginnerty – $1,245.90

 

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, and Hoyas.

 

NOES - 0.

 

Jose Rincon - $4,101.40

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:

 

Elena Mendonca, by Atty. Brenda L. Ferry - No Amount Specified

 

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 WATER SUPPLY BOARD, ON A UNANIMOUS VOICE VOTE:

 

David Johnson – $556.50/$693.36

 

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:

 

Anna Ferrara, by Atty. Domenic J. Carcieri – No Amount Specified

Kyle J. Juckett, by Atty. Robert D. Goldberg – $100,000.00

Richard Kearns, by Atty. Brenda L. Ferry – No Amount Specified

John Kelly, by Atty. Daniel McKinnon – $250,000.00

Roberta Lara, by Atty. Brenda L. Ferry – No Amount Specified

Remigio Montezuma, by Atty. Brenda L. Ferry – No Amount Specified

Randi B. Nielsen-Johnson, by Atty. Richard A. Sinapi – No Amount Specified

 

Upon motion made by Councilor Clemente, seconded by Councilor Hodge, the meeting is adjourned at 9:05 p.m., in memory of Alice McCarthy the wife of the late Lawrence A. McCarthy who served as Pawtucket's Mayor for the period between 1953-1964.

August 6, 2003 - Regular City Council Session
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