June 11, 2003 - Regular City Council Session

City Council, June 11, 2003

A regular session of the Pawtucket City Council is held Wednesday, June 11, 2003, at 7:00 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilors Moran and Wildenhain.

President Barry presides.

The reading of the records of May 21, 2003, and May 27, 2003 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:

028 A. Communication from Carol A. Wordell, Town Clerk, Town of Little Compton, to the RI City and Town Councils (Supporting 2003-H5081 and 2003-S 180 Separation of Powers)

3 B. Communication from Amy Breault, School Committeewoman, Pawtucket School Department, to the Honorable John J. Barry, III (Rescind resignation)

028 C. Copy of Public Notice from Eric A. Beck, P.E. Supervising Sanitary Engineer, Office of Water Resources Department of Environmental Management (Draft RIPDES General Permit for Non-Contact Cooling Water Discharges)

028 D. Copy of Public Notice from Eric A. Beck, P.E. Supervising Sanitary Engineer, Office of Water Resources Department of Environmental Management (Draft RIPDES General Permit for Discharges associated with the Treatment of Gasoline Contaminated Groundwater)

590 E. Communication from Mayor James E. Doyle, to President John J. Barry, III (Comprehensive Plan Update)

028 F. Communication from Charles J. Fogarty, Lieutenant Governor, to Janice M. LaPorte, CMC, City Clerk (Receipt of Resolution S-0179 and H-5426- Scholarship Tax Credit Bills)

028 G. Copy of Resolution from Michael R. Clement, City Clerk, City of Providence (H-5081 and S-180 Separation of Powers)

578 H. Communication from Senator Jack Reed, United States Senate, to Janice M. LaPorte, CMC, City Clerk (Response on the United States Department of Housing and Urban Development)

028 I. Communication from Jeanne Zavada, CEO, Slater Mill Historic Site, to the Pawtucket City Council (Colombian Independence Day Festival to be held on July 20, 2003)

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

Upon motion made by Councilor Grebien, seconded by Councilor Clemente, the following matter is STRICKEN FROM THE DOCKET on a unanimous voice vote:

THE CITY PROPERTY COMMITTEE RETURNS THE FOLLOWING COMMUNICATION WITH THE RECOMMENDATION TO BE DENIED:

Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency, to President John J. Barry, III, Pawtucket City Council (City–owned land Middle Street)

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

028 Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council (Slater Mill’s Museum and Fundraising Event)

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:

023 RESOLUTION OF THE CITY COUNCIL SUBDIVIDING AND CONVEYING CITY PROPERTY LOCATED ON FRANK STREET TO RICHARD PRIME AND GIL SILVA.

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.

NOES - 0.

588 & 327 RESOLUTION SUBDIVIDING AND CONVEYING CITY PROPERTY LOCATED ON FRANK STREET TO RICHARD PRIME, GIL SILVA, AND ANGELINA PARENTE.

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.

NOES - 0.

588 &327 RESOLUTION AUTHORIZING THE ABANDONMENT OF A PORTION OF FRANK STREET IN THE CITY OF PAWTUCKET.

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.

NOES - 0.

033 RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON MOTOR VEHICLES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY FOR JANUARY, FEBRUARY, AND MARCH 2003, IN THE SUM OF $100,718.06

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

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

NOES - 0.

032 RESOLUTION ACCEPTING THE CARE OF BURIAL LOT FOR ROBERT G. LAFLAMME

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

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

NOES - 0.

588 RESOLUTION IN SUPPORT OF H-6388 AND S-1058 “AN ACT RELATING TO ALCOHOLIC BEVERAGES- RETAIL LICENSES”.

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

NOES - 0.

AN ORDINANCE IN AMENDMENT OF CHAPTER 379 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLE REPAIR SHOPS”. (Attrition of Licenses)

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, Hoyas.

NOES - 0.

AN ORDINANCE IN AMENDMENT OF CHAPTER 2075 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ORDINANCE ESTABLISHING A COMPENSATION POLICY FOR MEMBERS OF APPOINTED BOARDS AND COMMISSIONS” (City Sergeant & Sealer of Weights and Measures)

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE:

AN ORDINANCE IN AMENDMENT OF SECTION 2 OF CHAPTER 2684 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ANNUAL OPERATING BUDGET ORDINANCE 2003-2004 AS AMENDED”. (Tax Assessment Bill)

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 – Add positions: Source Water Manager, Water Department at W15 and Source Water Technician, Water Department at R40) 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 ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AS AMENDED”. (Add positions: Source Water Manager, Water Department at W15 and Source Water Technician, Water Department at R40)

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 Police Clerk II from R9 to R21) 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 ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AS AMENDED”. (Reclassification of Police Clerk II from R9 to R21)

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

PEDDLER (New Driver) –

Palagi’s 2000, Inc., d/b/a Palagi’s Ice Cream, 55 Bacon Street, Pawtucket, RI, LIC# 4

DRIVER: Timothy Hubbard, 82 Sherman Avenue, Seekonk MA.

TO PEDDLE: Ice Cream

LOCATION: All of Pawtucket

PINBALL & AMUSEMENT DEVICES (ALL RENEWALS)

1537 Corp d/b/a M Spumoni & Family, 1537 Newport Ave. (ONE) LIC#70002

Benefit Street Pub Inc., 433 Benefit St. (ONE) LIC#70049

Boulevard Billiard Club, 508 1/2 Armistice Blvd. (FIVE) LIC#70008

Carousel Sports Lounge Inc. 507 Armistice Blvd. (TWO) LIC#70029

Celtic Pub Inc. d/b/a Celtic Pub, 755 Broadway & 5 Columbine Ave. (TWO) LIC#70012

Clube Social Portugues Inc., 131 School St. (ONE) LIC#70013

Community Center of Grupo Amigos DaTerceira Inc., 55 Memorial Drive, (ONE) LIC#70052

Elias Dernikos d/b/a City Line Pizza & Restaurant, 594 Pawtucket Ave. (ONE) LIC#70014

Duffin's Pub Inc., 215 Division St. (TWO) LIC#70015

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

G & J Bar & Grille Inc. d/b/a Vet’s Bar & Grille, 623 Central Ave. (TWO) LIC#70044

Greek Island Inc. d/b/a George's Neighborhood Grill & Bar, 109 Newport Ave. (TWO) LIC#70039

Happy Hour Club, 404 Benefit St. (ONE) LIC#70018

Jimmy’s Bar & Grill, Inc., 605 Broadway, (ONE) LIC#70056

K.J. Cummings Inc., d/b/a KC’S Tap, 140 Japonica St. (FOUR) LIC#70042

Lafayette Social Club Inc., 71 Benefit St. (ONE) LIC#70021

M and S Barbosa Tavern Inc. d/b/a Charlie's Tavern, 185 Dexter St. (ONE) LIC#70024

Leonora R. Marques d/b/a Boulevard Tap, 572 Armistice Blvd. (TWO) LIC#70040

Peddlers Inn Inc., 94 Middle St. (ONE) LIC#70028

Provincial Grand Lodge of New England of the Royal Antediluvian Order of Buffaloes, 532 Lonsdale Ave. (TWO) LIC#70030

S & L Inc. d/b/a Cafe Ordway, 3 Ordway St. (ONE) LIC#70031

Town Lounge Inc., 451 Prospect St. (TWO) LIC#70036

GAME ROOM (RENEWAL)

Boulevard Billiard Club, 508 1/2 Armistice Blvd. LIC#80002

SUNDAY SALES 1^st Class –

Joao M. Cardoso, d/b/a Cardoso Fish Market, 76 Slater Street, LIC#20454

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

Elaine M. Diefenbach-$2,260.00

George Fonte-$52.50

Diane Risho, by Attorney John F. McBurney, III-No Amount Specified

Anna Slefkin Trust, by Attorney Phillip Koutsogiane-$1,305.00

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, Hoyas.

NOES - 0.

Derek Karsulavitch-$54.00

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, Hoyas.

NOES - 0.

Raymond Martel-$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, Hoyas.

NOES - 0.

Eugenia Mendez, by Amica Mutual Insurance Company-$1,547.64

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, Hoyas.

NOES - 0.

Howell Smith-$50.00

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:

Richard A Addison-$1,500.00

Joseph R. Barbieri, by Attorney Warren R. Wolf-$100,000.00

Charles Barr-$55.29

Joan Callham, by Attorney Daniel J. McKinnon-$1,000,000.00

The Hartford Insurance Group a/s/o Precision Laser, by Attorney Merill J.Friedemann‑$2,612.91

Donna Marks-$130.50

Sarah Reilly, by OneBeacon Insurance Company-$2,132.14

Theresa Santis, by Attorney, William J. Burke-$7,000.00

Mikhaela Symonds, by Attorney, Christopher E. Fay- No Amount Specified

Stacy Tessier, by Attorney Dino A. Brosco-$100,000.00

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:

Mirtala Prudencio, by Attorney, Michael R. De Luca-$10,000.00

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:

Maureen Montoya-$568.17/632.23

THE COMMITTEE ON CLAIMS AND PENDING SUITS RETURNS THE FOLLOWING CLAIM WITH THE RECOMMENDATION TO BE DENIED:

Donna Letendre-$116.76/123.17

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE:

UPON MOTION MADE BY COUNCILOR CLEMENTE, SECONDED BY COUNCILOR BRAY, THE FOLLOWING CLAIM IS REFERRED BACK TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Donna Letendre-$116.76/123.17

THE COMMITTEE ON CLAIMS AND PENDING SUITS RETURNS THE FOLLOWING CLAIM WITH THE RECOMMENDATION TO BE DENIED:

Viola M. Swiader-$1,185.33

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE:

UPON MOTION MADE BY COUNCILOR CLEMENTE, SECONDED BY COUNCILOR BRAY, THE FOLLOWING CLAIM IS REFERRED BACK TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Viola M. Swiader-$1,185.33

Upon motion made by Councilor Hodge, seconded by the entire Council, the meeting is adjourned in memory of the Combat Units serving in Iraq at 7:18 p.m.